Document ID: chunk:federal_register_of_legislation:F2024C00483:front:0:p13
Version: federal_register_of_legislation:F2024C00483
Segment Type: other
Provision Reference: 
Character Range: 29861–32437

an examinable person in relation to a debtor—the debtor; and
 (b) if the person sought to be examined is an examinable person—state the facts relied on by the applicant to establish that the person to be summoned is an examinable person; and
 (c) if the summons is to require the person sought to be examined 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 person to cooperate with the inquiry.

6.02  Hearing of application
  An application referred to in rule 6.01 may be heard in the absence of a party or in closed court.

6.03  Requirements for summons
 (1) A summons to a person under subsection 50(2) 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 person to be examined.
 (3) If the summons requires the person to be examined to produce books at the examination, the summons must identify the books that are to be produced.

6.04  Service of summons
  If the Court summons a person under subsection 50(2) 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 person to be examined 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 debtor.

6.05  Application for discharge of summons
 (1) If a person is served with a summons under subsection 50(2) 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 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.

Division 6.2—Examination of relevant person under section