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FEDERAL MAGISTRATES COURT (BANKRUPTCY) RULES 2006 (SLI NO 1 OF 2006) - REG 6.13

Application for summons (Bankruptcy Act s 81)

         (1)   An application to the Court or a Registrar for an examinable person to be summoned for examination in relation to the bankruptcy of a relevant person must be in accordance with Form 10.

         (2)   A single application may be made for the summons of 2 or more examinable persons in relation to a relevant person’s bankruptcy.

         (3)   The application must be accompanied by:

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

               (b)    an affidavit that complies with subrule (4).

         (4)   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 are to be produced; 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    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 — see subsection 81 (1B) of the Bankruptcy Act.

         (5)   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 ’.

         (6)   If the supporting affidavit is filed in a sealed envelope in accordance with subrule (5), the Registrar must not make it available for public inspection.



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