Commonwealth Numbered Regulations

FEDERAL MAGISTRATES COURT (BANKRUPTCY) RULES 2006 (SLI NO 1 OF 2006) - REG 6.17

         (1)   An examinable person who is served with a summons and wishes to apply for an order to discharge the summons may do so by filing:

                (a)    an interim application in accordance with Form 3 in the proceeding in which the summons was issued; and

               (b)    an affidavit setting out the grounds in support of the application.

         (2)   As soon as possible after filing the interim application and supporting affidavit, the examinable person must serve a copy of each document:

                (a)    on the person who applied for the summons; and

               (b)    if the person who applied for the summons is not the Official Receiver, on the Official Receiver.