Document ID: chunk:federal_register_of_legislation:F2021L01200:front:0:p16
Version: federal_register_of_legislation:F2021L01200
Segment Type: other
Provision Reference: 
Character Range: 36697–39351

inspection.

6.13  Hearing of application
  An application referred to in rule 6.12 may be heard in the absence of a party or in closed court.

6.14  Requirements for summons
 (1) A summons to an examinable person under subsection 81(1) of the Bankruptcy Act for examination must be in accordance with Form B9.
 (2) A Registrar must:
 (a) sign, and affix the seal or stamp of the Court to, the summons; and
 (b) give the summons to the person who applied for the summons for service on each examinable person to be examined.
 (3) If the summons requires an examinable person to produce books at the examination, the summons must identify the books that are to be produced.

6.15  Service of summons
  If the Court or a Registrar summons an examinable person under subsection 81(1) of the Bankruptcy Act for examination in relation to the bankruptcy of a relevant person, the applicant for the summons must, at least 8 days before the date fixed for the examination:
 (a) serve the summons on each examinable person by hand, or in another way directed by the Court or a Registrar; and
 (b) give written notice of the date, time and place fixed for the examination to each person known to the applicant to be a creditor of the relevant person.

6.16  Application for discharge of summons
 (1) If an examinable person is served with a summons under subsection 81(1) of the Bankruptcy Act for examination, the person may apply for an order to discharge the summons by filing:
 (a) an interim application in accordance with Form B3, in the proceeding in which the summons was issued; and
 (b) an affidavit setting out the grounds in support of the application.
 (2) The interim application and supporting affidavit must be filed at least 3 days before the date fixed for the examination.
 (3) 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.
 (4) The order to discharge the summons may be made by the Court or a Registrar.

6.17  Conduct money and witnesses expenses
 (1) An examinable person who, in accordance with a summons under subsection 81(1) of the Bankruptcy Act, attends an examination to give evidence or produce documents is entitled to be paid:
 (a) enough conduct money to cover the reasonable expenses of travelling from and to the place where the person lives, and any reasonable accommodation expenses; and
 (b) reasonable expenses for the person's attendance as a witness.
 (2) The expenses must