Commonwealth Numbered Regulations

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FEDERAL COURT (BANKRUPTCY) RULES 2016 (F2016L00386) - 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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