Australian Capital Territory Numbered Regulations

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CORPORATIONS LAW RULES 2000 (2000 NO 16) - REG 69

Application for examination summons (s 596A, s 596B of the Law)—form 17

(1)       An application for the issue of an examination summons must be made by filing an interlocutory or originating process.

(2)       The applicant may be the only party to the application.

(3)       The originating or interlocutory process seeking the issue of the examination summons must be—

        (a)     supported by an affidavit stating the facts in support of the process; and

        (b)     accompanied by a draft examination summons.

(4)       The originating or interlocutory process and supporting affidavit must be filed in a sealed envelope marked, as appropriate—

        (a)     ‘Application and supporting affidavit for issue of summons for examination under section 596A of the Corporations Law'; or

        (b)     ‘Application and supporting affidavit for issue of summons for examination under section 596B of the Corporations Law'.

(5)       If the application is not made by the liquidator, the liquidator must be given notice of the application and, if required by the liquidator, served with a copy of the originating or interlocutory process and the supporting affidavit.

(6)       If the application is not made by the commission, the commission must be given notice of the application and, if required by the commission, served with a copy of the originating or interlocutory process and the supporting affidavit.

(7)       Unless the court otherwise orders, an affidavit in support of an application for an examination summons is not available for inspection by anyone.

(8)       An examination summons must be in accordance with form 17.



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