Document ID: chunk:federal_register_of_legislation:F2024C00483:front:0:p17
Version: federal_register_of_legislation:F2024C00483
Segment Type: other
Provision Reference: 
Character Range: 39413–42125

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 be paid by the applicant for the summons.
 (3) The expenses referred to in paragraph (1)(a) must be paid at a reasonable time before the person is to attend the examination.
 (4) In this rule:
conduct money means a sum of money or its equivalent, such as pre‑paid travel, sufficient to meet a person's reasonable expenses of attending an examination and returning after so attending.

Part 7—Annulment or review of bankruptcy

Division 7.1—Annulment of bankruptcy

7.01  Application of Division 7.1
  This Division applies to the following applications:
 (a) an application under section 153B of the Bankruptcy Act for the annulment of a bankruptcy;
 (b) an application under section 252B of the Bankruptcy Act for the annulment of the administration of the estate of a deceased person.

7.02  Requirements for application
 (1) An application must set out the grounds on which the annulment is sought.
 (2) The application must be served on the trustee at least 7 days before the date fixed for the hearing of the application.

7.03  Notice to creditors
 (1) The applicant must give notice of the application to each person known to the applicant to be a creditor of