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FEDERAL MAGISTRATES COURT (BANKRUPTCY) RULES 2006 (SLI NO 1 OF 2006) - REG 6.02

Application for summons (Bankruptcy Act s 50)

         (1)   An application to the Court 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 that person 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 are to be produced; 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.



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