Document ID: chunk:federal_register_of_legislation:F2024C00490:reg:12:p23
Version: federal_register_of_legislation:F2024C00490
Segment Type: reg
Provision Reference: reg 12 (pt 23/34)
Character Range: 80970–83852

of the examination summons must be:
 (a) supported by an affidavit stating the facts in support of the process; and
 (b) accompanied by a draft examination summons.
 (4) If the originating process or interlocutory process, and supporting affidavit, are lodged with a Registry for filing (other than by being sent to the Registry by electronic communication), the originating process or interlocutory process, and the supporting affidavit, must be filed in a sealed envelope marked, as appropriate:
 (a) "Application and supporting affidavit for issue of summons for examination under section 596A of the Corporations Act 2001"; or
 (b) "Application and supporting affidavit for issue of summons for examination under section 596B of the Corporations Act 2001".
 (4A) If the originating process or interlocutory process, and supporting affidavit, are sent by electronic communication to a Registry for filing, the originating process or interlocutory process, and supporting affidavit:
 (a) must be marked "Confidential"; and
 (b) must be accompanied by a statement that the originating process or interlocutory process, and supporting affidavit, are, as appropriate:
 (i) "Application and supporting affidavit for issue of summons for examination under section 596A of the Corporations Act 2001"; or
 (ii) "Application and supporting affidavit for issue of summons for examination under section 596B of the Corporations Act 2001".
 (5) If the application is not made by the liquidator, the liquidator must be given notice of the application and, if required by the liquidator, served with a copy of the originating process, or interlocutory process, and the supporting affidavit.
 (6) If the application is not made by ASIC, ASIC must be given notice of the application and, if required by ASIC, served with a copy of the originating process, or interlocutory process, and the supporting affidavit.
 (7) Unless the Court otherwise orders, an affidavit in support of an application for an examination summons is not available for inspection by any person.
 (8) An examination summons must be in accordance with Form 17.

11.4  Service of examination summons
  An examination summons issued by the Court must be personally served, or served in any other manner as the Court may direct, on the person who is to be examined at least 8 days before the date fixed for the examination.

11.5  Discharge of examination summons
 (1) This rule applies if a person is served with an examination summons.
 (2) Within 3 days after the person is served with the examination summons, the person may apply to the Court for an order discharging the summons by filing:
 (a) an interlocutory process seeking an order discharging the summons; and
 (b) an affidavit stating the facts in support of the interlocutory process.
 (3) As soon as practicable after filing the interlocutory process seeking the