- (1)
- An application for a debtor, or an examinable person in relation to the
debtor, to be summoned for examination must be accompanied by an affidavit
complying with this rule.
(2) The affidavit must identify:
- (a)
- the person
sought to be examined; and
- (b)
- if the person sought to be examined is an examinable person in relation to
a debtor the debtor in relation to whom the examination is to be
conducted.
(3) If the application is for a person to be summoned to produce books at the
examination, the affidavit must:
- (a)
- identify the books that the person is
to produce; and
- (b)
- state the grounds on which the person is required to produce the books.
(4) The affidavit must state whether the applicant has made any inquiries
about the issues to be dealt with at the proposed examination and, if so, set
out details of the inquiries, including:
- (a)
- any request to the person to be
examined to provide information about the debtor's affairs, or produce books
for inspection; and
- (b)
- if a request to provide information, or produce books, has been made and
complied with (including partly) details of the compliance; and
- (c)
- if a request to provide information, or produce books, has been made and
not complied with details of the failure to comply; and
- (d)
- if no request to provide information or produce books has been
made the reason.
- (5)
- A summons issued under section 50 of the Bankruptcy Act must be in
accordance with Form 151.