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):

  • to attend before the court at a specified time, date and place (and at any adjourned date and time) to be examined under oath and to give evidence in relation to the examinable affairs of the bankrupt; and
  • to bring with them, and produce at the examination, books that are listed in a schedule attached to the summons.

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 examined 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 least 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 or hand printing in ink.

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Are you having trouble understanding legal words used in these forms?

NOTE: LawTermFinder allows searches in the following languages: العربية | Arabic, 简体中文 | Simplified Chinese, 繁體中文 | Traditional Chinese,
한국어 | Korean, Español | Spanish, Tiếng Việt | Vietnamese.