Commonwealth Consolidated Regulations

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FEDERAL COURT (BANKRUPTCY) RULES 2016 - RULE 6.05

Application for discharge of summons

  (1)   If a person is served with a summons under subsection   50(2) of the Bankruptcy Act for examination, the person may apply for an order to discharge the summons by filing:

  (a)   an interim application, in accordance with Form B3, in the proceeding in which the summons was issued; and

  (b)   an affidavit setting out the grounds in support of the application.

  (2)   The interim application and supporting affidavit must be filed at least 3 days before the date fixed for the examination.

  (3)   As soon as possible after filing the interim application and supporting affidavit, the person must serve a copy of each document:

  (a)   on the person who applied for the summons; and

  (b)   if the person who applied for the summons is not the Official Receiver--on the Official Receiver.


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