Document ID: chunk:federal_register_of_legislation:F2021L01200:front:0:p13
Version: federal_register_of_legislation:F2021L01200
Segment Type: other
Provision Reference: 
Character Range: 29478–32089

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 application 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 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 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 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