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Uniform Civil Procedure Rules 1999
sch.1A-sec.11.5Discharge of examination summons
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### sch.1A-sec.11.5 Discharge of examination summons
This rule applies if a person is served with an examination summons.
Within 3 days after the person is served with the examination summons, the person may apply to the court for an order discharging the summons by filing—
an interlocutory application seeking an order discharging the summons; and
an affidavit stating the facts in support of the interlocutory application.
As soon as practicable after filing the interlocutory application seeking the order and the supporting affidavit, the person must serve a copy of the interlocutory application and the supporting affidavit on—
the person who applied for the examination; and
unless that person is ASIC or a person authorised by ASIC—ASIC.
sch 1A r 11.5 ins 2000 SL No. 232 s 3
amd 2004 SL No. 115 s 2 sch 1
(sch.1A-sec.11.5-ssec.1) This rule applies if a person is served with an examination summons.
(sch.1A-sec.11.5-ssec.2) Within 3 days after the person is served with the examination summons, the person may apply to the court for an order discharging the summons by filing— an interlocutory application seeking an order discharging the summons; and an affidavit stating the facts in support of the interlocutory application.
(sch.1A-sec.11.5-ssec.3) As soon as practicable after filing the interlocutory application seeking the order and the supporting affidavit, the person must serve a copy of the interlocutory application and the supporting affidavit on— the person who applied for the examination; and unless that person is ASIC or a person authorised by ASIC—ASIC.
- (a) an interlocutory application seeking an order discharging the summons; and
- (b) an affidavit stating the facts in support of the interlocutory application.
- (a) the person who applied for the examination; and
- (b) unless that person is ASIC or a person authorised by ASIC—ASIC.