sch.1A-sec.11.3Application for examination summons ( Corporations Act , ss 596A and 596B )—form 17

### sch.1A-sec.11.3 Application for examination summons ( Corporations Act , ss 596A and 596B )—form 17 An application for the issue of an examination summons must be made by filing an interlocutory application or an originating application, as the case requires. The application may be made without notice to any person. The originating application, or interlocutory application, seeking the issue of the examination summons must be— supported by an affidavit stating the facts in support of the application; and accompanied by a draft examination summons. If the application and supporting affidavit are filed (other than by lodgement by electronic or computer-based means), the application and supporting affidavit must be filed in a sealed envelope marked, as appropriate— ‘Application and supporting affidavit for issue of summons for examination under the Corporations Act , section 596A ’; or ‘Application and supporting affidavit for issue of summons for examination under the Corporations Act , section 596B ’. If the application and supporting affidavit are lodged by electronic or computer-based means, the application and supporting affidavit— must be marked ‘Confidential’; and must be accompanied by a statement that the application and supporting affidavit are, as appropriate— ‘Application and supporting affidavit for issue of summons for examination under the Corporations Act , section 596A ’; or ‘Application and supporting affidavit for issue of summons for examination under the Corporations Act , section 596B ’. 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 application, or interlocutory application, and the supporting affidavit. If the application is not made by ASIC, ASIC must be given notice of the application and, if required by ASIC, served with a copy of the originating application, or interlocutory application, and the supporting affidavit. Unless the court otherwise orders, an affidavit in support of an application for an examination summons is not available for inspection by any person. An examination summons must be in form 17. sch 1A r 11.3 ins 2000 SL No. 232 s 3 amd 2004 SL No. 115 s 2 sch 1 ; 2008 SL No. 303 s 2 sch ; 2018 SL No. 193 s 38 (sch.1A-sec.11.3-ssec.1) An application for the issue of an examination summons must be made by filing an interlocutory application or an originating application, as the case requires. (sch.1A-sec.11.3-ssec.2) The application may be made without notice to any person. (sch.1A-sec.11.3-ssec.3) The originating application, or interlocutory application, seeking the issue of the examination summons must be— supported by an affidavit stating the facts in support of the application; and accompanied by a draft examination summons. (sch.1A-sec.11.3-ssec.4) If the application and supporting affidavit are filed (other than by lodgement by electronic or computer-based means), the application and supporting affidavit must be filed in a sealed envelope marked, as appropriate— ‘Application and supporting affidavit for issue of summons for examination under the Corporations Act , section 596A ’; or ‘Application and supporting affidavit for issue of summons for examination under the Corporations Act , section 596B ’. (sch.1A-sec.11.3-ssec.5) If the application and supporting affidavit are lodged by electronic or computer-based means, the application and supporting affidavit— must be marked ‘Confidential’; and must be accompanied by a statement that the application and supporting affidavit are, as appropriate— ‘Application and supporting affidavit for issue of summons for examination under the Corporations Act , section 596A ’; or ‘Application and supporting affidavit for issue of summons for examination under the Corporations Act , section 596B ’. (sch.1A-sec.11.3-ssec.6) 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 application, or interlocutory application, and the supporting affidavit. (sch.1A-sec.11.3-ssec.7) If the application is not made by ASIC, ASIC must be given notice of the application and, if required by ASIC, served with a copy of the originating application, or interlocutory application, and the supporting affidavit. (sch.1A-sec.11.3-ssec.8) Unless the court otherwise orders, an affidavit in support of an application for an examination summons is not available for inspection by any person. (sch.1A-sec.11.3-ssec.9) An examination summons must be in form 17. - (a) supported by an affidavit stating the facts in support of the application; and - (b) accompanied by a draft examination summons. - (a) ‘Application and supporting affidavit for issue of summons for examination under the Corporations Act , section 596A ’; or - (b) ‘Application and supporting affidavit for issue of summons for examination under the Corporations Act , section 596B ’. - (a) must be marked ‘Confidential’; and - (b) must be accompanied by a statement that the application and supporting affidavit are, as appropriate— (i) ‘Application and supporting affidavit for issue of summons for examination under the Corporations Act , section 596A ’; or (ii) ‘Application and supporting affidavit for issue of summons for examination under the Corporations Act , section 596B ’. - (i) ‘Application and supporting affidavit for issue of summons for examination under the Corporations Act , section 596A ’; or - (ii) ‘Application and supporting affidavit for issue of summons for examination under the Corporations Act , section 596B ’. - (i) ‘Application and supporting affidavit for issue of summons for examination under the Corporations Act , section 596A ’; or - (ii) ‘Application and supporting affidavit for issue of summons for examination under the Corporations Act , section 596B ’.