This is a mandatory form.*

This form is used to make an application in a bankruptcy case for relevant person(s) or examinable person(s) to be summoned for examination in relation to a relevant person's bankruptcy.

This application may be heard in the absence of a party or in chambers.

Making copies of the form for filing, service and yourself

The completed and signed original of the form is filed at the Court. Before you file it you must also make sufficient copies to have one for each person to be served and a copy for your own records.

Filing fee

Nil

What you file with this form

A draft of each summons applied for.

An Affidavit

  • If you are applying for a summons for the examination of relevant person(s) the affidavit must identify each relevant person to be summoned and if the summons is to require the relevant person to produce books at the examination, the books to be produced.
  • If you are applying for a summons for the examination of examinable person(s) the affidavit must:
    • state whether the person applying for the summons to be issued is:
      • a creditor who has a debt provable in the bankruptcy;
      • the trustee of the relevant person's estate; or
      • the Official Receiver.
    • state the facts relied on to establish that each person to be summoned is an examinable person; and
    • if the summons is to require the relevant person to produce books at the examination, identify the books to be produced and give details of any inquiry by the applicant for the summons to be issued about the books to be produced and any refusal by the examinable person to cooperate with the inquiry.

Who you serve

You are not required to serve this application. You are required to serve by special service (or in any other way directed by the Court) any summons which is issued and give written notice to any creditors of whom you are aware at least 8 days before the date fixed for the examination.

What is filed in response

A creditor who wishes to take part in the hearing of the aplication for annulment of a bankruptcy must file and serve a Notice of Appearance at least 3 days before the date fixed for the hearing.

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.