Application for summons
6.06 Application for summons
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.
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.
The application must be accompanied by:
a draft of the summons applied for; and
an affidavit that complies with subrule (3).
The affidavit must:
state whether the applicant is:
a creditor who has a debt provable in the bankruptcy; or
the trustee of the relevant person’s estate; or
the Official Receiver; and
if the summons is to require the relevant person to produce books at the examination:
identify the books that are to be produced; and
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.
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