Document ID: chunk:federal_register_of_legislation:F2021L01200:front:0:p14
Version: federal_register_of_legislation:F2021L01200
Segment Type: other
Provision Reference: 
Character Range: 31868–34463

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 or stamp of the Court 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 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.

6.10  Failure to attend examination
  If the relevant person does not attend an examination in accordance with a summons to the relevant person under subsection 81(1) of the Bankruptcy Act, the Court or a Registrar may:
 (a) adjourn the examination generally or to another day, time or place; or
 (b) discharge the summons.
Note: For the power of the Court or a Registrar to issue a warrant for the arrest of a relevant person who does not attend an examination in accordance with a summons, see section 264B of the Bankruptcy Act.

6.11  Application for discharge of summons
 (1) If a relevant 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 relevant 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