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Bankruptcy - Summons for Examination

All forms used in the Family Court and Family Law Courts in alphabetical order

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This is a mandatory form.*

The Official Receiver or a creditor or the trustee of the relevant person's estate may request the court to issue a summons to relevant person(s) or examinable person(s) requiring such person(s):

A draft of each summons sought must be filed.

Filing fee
Nil

What you file with this form
A Bankruptcy - Application for summons to be issued to relevant person or examinable person

A supporting Affidavit

Who you serve
At least 8 days before the date fixed for the examination, you must serve the summons on the person to be examinred by special service or in any other way directed by the court.

How you serve
To serve this form and other documents view the Service Kit provides instructions

What you serve with this form
If the person to be examined is not the bankrupt you must tender to that person at the time of service of the summons enough money to cover the reasonable expenses of travelling from and to the where the person lives and reasonable expenses for the person's attendance as a witness. 

If necessary you should read the Court's Service Kit as it may help you carry out service. If the summons is not served personally, according to the Court's Rules, the person to whom the summons is issued is not required to comply with the summons.  

Notice to creditors
At leat 8 days before the date fixed for the examination, you must give written notice of the date, time and place fixed for the examination to each creditor of the relevant person of whom you have knowledge.

What is filed in response
A person on whom a summons is served may apply to have the summons discharged by filing a Bankruptcy Application in a Case and a supporting affidavit.

In completing a Court form, you must*
Complete the form by typing (eg. on a computer or typewriter) or hand printed in ink.


NOTE: Hard copies of all forms, brochures, kits and booklets are also available through any Family Law Registry. If you are interested in ordering bulk hard copies click to view information on ordering publications.

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