Commonwealth Consolidated Regulations

FEDERAL COURT (BANKRUPTCY) RULES 2016 - RULE 6.12

  (1)   An application under section   81 of the Bankruptcy Act for an examinable person in relation to a relevant person to be summoned for examination in relation to the relevant person's bankruptcy must be in accordance with Form B10.

Note:   More than one application under section   81 of the Bankruptcy Act (including an application referred to in rule   6.06) may be included in the same Form B10.

  (2)   The application must be accompanied by:

  (a)   a draft of the summons applied for; and

  (b)   an affidavit that complies with subrule (3).

  (3)   The affidavit must:

  (a)   state whether the applicant is:

  (i)   a creditor who has a debt provable in the bankruptcy; or

  (ii)   the trustee of the relevant person's estate; or

  (iii)   the Official Receiver; and

  (b)   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 an examinable person 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 examinable person to cooperate with the inquiry.

  (4)   If the affidavit is lodged with a Registry for filing (other than by being sent to the Registry by electronic communication), it may be filed in a sealed envelope marked "Affidavit supporting application for summons for examination under subsection   81(1) of the Bankruptcy Act 1966 ".

  (5)   If the affidavit is sent by electronic communication to a Registry for filing:

  (a)   the affidavit may be marked "Confidential"; and

  (b)   if the affidavit is so marked--the affidavit must be accompanied by a statement that the affidavit is a "confidential affidavit supporting an application for summons for examination under subsection   81(1) of the Bankruptcy Act 1966 ".

  (6)   If the affidavit is:

  (a)   filed in a sealed envelope in accordance with subrule (4); or

  (b)   marked "Confidential" as permitted by paragraph   (5)(a);

a Registrar must not make it available for public inspection.