Document ID: chunk:federal_register_of_legislation:F2024C00483:front:0:p14
Version: federal_register_of_legislation:F2024C00483
Segment Type: other
Provision Reference: 
Character Range: 32194–34796

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.

Division 6.2—Examination of relevant person under section 81 of the Bankruptcy Act

6.06  Application for summons
 (1) An application under section 81 of the Bankruptcy Act for a relevant person to be summoned for examination in relation to the person's bankruptcy must be in accordance with Form B10.
Note: More than one application under section 81 of the Bankruptcy Act (including an application referred to in rule 6.12) may be included in the same Form B10.
 (2) The application must be accompanied by:
 (a) a draft of the summons applied for; and
 (b) an affidavit that complies with subrule (3).
 (3) The 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) if the summons is to require the relevant person to produce books at the examination:
 (i) identify the books that are to be produced; and
 (ii) give details of any inquiry by the applicant about the books to be produced and any refusal by the relevant person to cooperate with the inquiry.

6.07  Hearing of application
  An application referred to in rule 6.06 may be heard in the absence of a party or in closed court.

6.08  Requirements for summons
 (1) A summons to a relevant 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 of the Court or the stamp of a District Registry to, the summons; and
 (b) give the summons to the person who applied for the summons for service on the relevant person.
 (3) If the summons requires the relevant person to produce books at the examination, the summons must identify the books that are to be produced.

6.09  Service of summons
  If the Court or a Registrar summons a relevant person under subsection 81(1) of the Bankruptcy Act for examination, the applicant for the summons must, at least 8 days before the date fixed for the examination:
 (a) serve the summons on the relevant person personally, 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.

6.10  Failure to attend examination
  If the relevant person does not attend an examination in accordance with a summons to