Commonwealth Numbered Regulations

1989 No. 182 BANKRUPTCY RULES (AMENDMENT) - RULE 1

1. After rule 17 of the Bankruptcy Rules the following rules are inserted:
Summons to debtor or examinable person for examination under section 50 of the
Act

"17A. (1) An application to the Court for a summons under subsection 50 (2) of
the Act shall:

   (a)  be in writing;

   (b)  identify the person whom it is sought to examine, and the person in
        relation to whose affairs it is sought to examine the first-mentioned
        person;

   (c)  if the summons applied for is to contain a requirement under
        subsection 50 (4) of the Act-specify the books or classes of books
        that the first-mentioned person is to produce at the examination; and

   (d)  be supported by an affidavit setting out:

        (i)    the enquiries that have been made concerning the subject matter
               of the proposed examination and, where applicable, the reason
               for requiring the production of any books or classes of books;

        (ii)   details of the request made to the first-mentioned person to
               provide the required information and, where applicable, to
               produce the books or classes of books for inspection, and the
               result, or the reason where no request has been made; and

        (iii)  the circumstances of any refusal or failure of the person to
               co-operate in complying with the request.

"(2) A summons issued under that subsection shall be in accordance with Form
7A.

"(3) The Registrar shall cause the summons to be signed and sealed on behalf
of the court. Modification of provisions of the Act applied by section 50

"17B. For the purposes of subsection 50 (5) of the Act, section 81 of the Act
is modified:

   (a)  by omitting from subsection (2) 'An' and substituting 'Subject to
        subsection (2A), an';

   (b)  by inserting after subsection (2) the following subsection:
'(2A) The Court, the Registrar or a magistrate may direct that an examination,
or any part of an examination, under this section shall be held in private.';

   (c)  by omitting from subsection (9) 'is the trustee' and substituting 'has
        been directed to take control of the property of the debtor';

   (d)  by omitting subsection (10A);

   (e)  by omitting subsection (14) and substituting the following
        subsections:
'(14) Subject to subsection (14A), the applicant for an examination under this
section shall pay the costs incurred in connection with the examination.
'(14A) The Court, the Registrar or a magistrate may order that all or some of
the costs mentioned in subsection (14) shall by paid by the debtor.'.".