Commonwealth Numbered Regulations

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FEDERAL MAGISTRATES COURT RULES 2001 2001 No. 195- RULE 31.07

Summons to debtor or examinable person for examination
(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.



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