Commonwealth Numbered Regulations

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FEDERAL COURT (BANKRUPTCY) RULES 2016 (F2016L00386) - 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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