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s 6.01

Application for summons

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Part 6Examinations
Division 6.1Examination of debtor or examinable person under section 50 of the Bankruptcy Act

6.01 Application for summons

(1)

An application under section 50 of the Bankruptcy Act for a debtor, or an examinable person in relation to a debtor, to be summoned for examination must be in accordance with Form B2.

Note:

More than one application may be included in the same Form B2.

(2)

The application must be accompanied by an affidavit complying with this rule.

(3)

The affidavit must:

(a)

identify:

(i)

the person sought to be examined; and

(ii)

if that person is 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.

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