Commonwealth Numbered Regulations

1991 No. 117 BANKRUPTCY RULES (AMENDMENT) - RULE 29

  29.1   After rule 129A, insert:
Summons to relevant person under subsection 81 (1) of the Act

"129AA. (1) If the person to be examined is a relevant person within the
meaning of section 81 of the Act, an application to the Registrar for a
summons under subsection 81 (1) of the Act must:

   (a)  be in writing; and

   (b)  identify the person; and

   (c)  if the summons applied for is to contain the requirement mentioned in
        subsection 81 (1B) of the Act-specify the books or the classes of
        books that the person is to produce at the examination.

"(2) When the Registrar receives an application, he or she may:

   (a)  issue a summons, in accordance with Form 49; and

   (b)  if the summons contains a requirement mentioned in subsection 81 (1B)
        of the Act:

        (i)    direct the relevant person to produce specified books, or
               classes of books, at the examination; and

        (ii)   order that a specified person may inspect, and copy or make
               extracts of, all or any specified part of the books produced in
               accordance with the direction; and

        (iii)  give directions about the marking for identification, and the
               retention or disposal, of the books produced.

"(3) If the Registrar issues a summons under subrule (2), he or she must:

   (a)  sign and stamp the summons; and

   (b)  send it to the applicant for service on the relevant person.

"(4) When the applicant receives a summons forwarded to him or her under
subrule (3), he or she must:

   (a)  serve the summons on the relevant person; and

   (b)  give notice, in writing, of the date, time and place fixed for the
        examination to each creditor of the relevant person of whose debt the
        applicant has knowledge.

"(5) If the relevant person fails to appear in accordance with the summons,
the Court, the Registrar or magistrate may:

   (a)  adjourn the examination to another day, time or place, or generally;
        or

   (b)  discharge the summons; or

   (c)  if the Court, the Registrar or magistrate:

        (i)    is satisfied that the summons was served on the relevant person
               in accordance with subsection 309 (1) of the Act, and

        (ii)   does not discharge the summons; issue a warrant for the arrest
               of the person.
(NOTE: Under subsection 81 (1) of the Act, a "relevant person" is a person who
becomes a bankrupt.)".