Commonwealth Consolidated Regulations

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FAMILY LAW RULES 2004 - RULE 26.14

Application for discharge of summons

             (1)  A relevant person who is served with a summons and wishes to apply for an order to discharge the summons may do so by filing:

                     (a)  the form Bankruptcy--Application in a Case in the proceeding in which the summons was issued; and

                     (b)  an affidavit setting out the grounds in support of the application.

             (2)  As soon as possible after filing the form Bankruptcy--Application in a Case and supporting affidavit, the relevant person must serve a copy of each document:

                     (a)  on the person who applied for the summons; and

                     (b)  if the person who applied for the summons is not the Official Receiver, on the Official Receiver.



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