Commonwealth Consolidated Regulations

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FEDERAL COURT (BANKRUPTCY) RULES 2016 - RULE 6.01

Application for summons

  (1)   An application under section   50 of the Bankruptcy Act for a debtor, or an examinable person in relation to a debtor, to be summoned for examination must be in accordance with Form B2.

Note:   More than one application may be included in the same Form B2.

  (2)   The application must be accompanied by an affidavit complying with this rule.

  (3)   The affidavit must:

  (a)   identify:

  (i)   the person sought to be examined; and

  (ii)   if that person is an examinable person in relation to a debtor--the debtor; and

  (b)   if the person sought to be examined is an examinable person--state the facts relied on by the applicant to establish that the person to be summoned is an examinable person; and

  (c)   if the summons is to require the person sought to be examined to produce books at the examination:

  (i)   identify the books that are to be produced; and

  (ii)   give details of any inquiry by the applicant about the books to be produced and any refusal by the person to cooperate with the inquiry.


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