Commonwealth Numbered Regulations

[Index] [Table] [Search] [Search this Regulation] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

FEDERAL MAGISTRATES COURT RULES 2001 2001 No. 195- RULE 33.09

Affidavit to accompany application

(1) The application must be accompanied by:

(a)
a draft of each summons applied for; and

(b)
a supporting affidavit complying with subrule (2).

(2) The supporting affidavit must:
(a) state whether the applicant is:

(i)
a creditor who has a debt provable in the bankruptcy; or
(ii)
the trustee of the relevant person's estate; or
(iii)
the Official Receiver; and
(b)
state the facts relied on by the applicant to establish that each person to be summoned is an examinable person; and

(c) if the summons is to require an examinable person to produce books at the examination:

(i)
identify the books that the person is to produce; and

(ii) give details of:

(A) any inquiry by the applicant about the books to be produced; and
(B) any refusal by the examinable person to cooperate with the inquiry.

Note
Under subsection 81 (1B) of the Bankruptcy Act , an examinable person may be required to produce books at an examination that are in the possession of the person and relate to the relevant person or to any of the relevant person's examinable affairs.

(3)
The supporting affidavit may be filed in a sealed envelope marked `Affidavit supporting application for summons for examination under subsection 81  (1) of the Bankruptcy Act 1966 '.

(4)
If the supporting affidavit is filed in a sealed envelope in accordance with subrule (3), the Registrar must not make it available for public inspection.



AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback