Document ID: chunk:federal_register_of_legislation:F2024C00483:front:0:p15
Version: federal_register_of_legislation:F2024C00483
Segment Type: other
Provision Reference: 
Character Range: 34561–37203

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 Receiver.
 (4) The order to discharge the summons may be made by the Court or a Registrar.

Division 6.3—Examination of examinable person under section 81 of the Bankruptcy Act

6.12  Application for summons
 (1) An application under section 81 of the Bankruptcy Act for an examinable person in relation to a relevant person to be summoned for examination in relation to the relevant 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 6.06) 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) 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 an examinable person to produce books at the examination:
 (i)