Legal Project Management Plan & Checklist
Trustee's plan for a public examination under s 81 Bankruptcy Act 1966: Form B10 application, Form B9 summons, service, hearing and recovery.
Who can apply for an examination under s 81 of the Bankruptcy Act?: The Court or a Registrar may summon the bankrupt (the relevant person) or an examinable person for examination about the bankruptcy on the application of a creditor who has or had a provable debt, the trustee of the estate, or the Official Receiver, at any time before or after the end of the bankruptcy (Bankruptcy Act 1966 s 81(1)). The examination is held in public (s 81(2)) and a creditor, the trustee or the Official Receiver may take part (s 81(8)).
Who is an examinable person?: Under s 5(1) the term includes a person who has, or is suspected to have, property of the bankrupt; a person believed to be indebted to the bankrupt; and a person, including an associated entity, who may be able to give information about the bankrupt or the bankrupt's examinable affairs. Examinable affairs are the person's dealings, transactions, property and affairs, and the financial affairs of an associated entity so far as they are relevant.
| Field | Token | Type | Required | Defined in |
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| Matter(4) | ||||
| Matter number | ||||
How much notice must be given of a s 81 examination?: The applicant must, at least 8 days before the examination, serve the summons personally (Federal Court) or by hand (Federal Circuit and Family Court), or in another way the Court or a Registrar directs, and give written notice of the date, time and place to each creditor known to the applicant (Federal Court (Bankruptcy) Rules 2016 rr 6.09 and 6.15). An examinable person who attends is entitled to conduct money and reasonable witness expenses, paid by the applicant a reasonable time before the examination (r 6.17).
What happens if the examinee does not attend or will not answer?: On proof by affidavit of service, and for a person other than the bankrupt proof that a reasonable sum for expenses was tendered, the Court, a Registrar or a magistrate may issue a warrant for the person's apprehension (s 264B), in accordance with Form B17 (r 12.02). Failing to attend, refusing to be sworn, answer or produce books, and prevarication are offences (ss 264A, 264C and 264D). The bankrupt is not excused from answering merely because the answer might tend to incriminate them, unless a contrary direction is given (s 81(11AA)).
Jurisdiction: The Federal Court of Australia and the Federal Circuit and Family Court of Australia (Division 2) have concurrent jurisdiction in bankruptcy (s 27). Applications are made under Part 6 of the Federal Court (Bankruptcy) Rules 2016 or Part 6 of the Federal Circuit and Family Court of Australia (Division 2) (Bankruptcy) Rules 2021, which are in matching terms.
The Process at a Glance: Review the statement of affairs and the trustee's investigation, try informal requests and the Official Receiver's notice powers, and identify each examinee and the books they should produce. File a Form B10 application with a supporting affidavit and a draft Form B9 summons. Collect the sealed summons, serve it at least 8 days before the examination, notify known creditors and tender conduct money to examinable persons. Deal with any application to discharge the summons. Conduct the public examination, seeking payment or delivery orders on any admissions (s 81(12) and (13)), then obtain the transcript and advise the trustee on recoveries.
Key Legislation: Bankruptcy Act 1966 (Cth) ss 5(1) (examinable person and examinable affairs), 19 and 19AA (trustee's duties and investigation), 27, 77A, 77C, 81, 149, 264A, 264B, 264C, 264D and 265. Federal Court (Bankruptcy) Rules 2016 rr 1.07(5), 2.04, 2.06, 6.06 to 6.17 and 12.02. Federal Circuit and Family Court of Australia (Division 2) (Bankruptcy) Rules 2021 rr 6.06 to 6.17, 12.02 and Schedule 1.
* Disclaimer: We're nobody's lawyer, because we aren't lawyers. You are, so you know better than to take legal advice from an app. We also aren't accountants or dog trainers - just digital spirit guides taking zero liability for any of this. This site exists to gather the collective knowledge of practitioners like you. Verify everything and submit your feedback on the Examination under s 81 Bankruptcy Act (Trustee) matter plan to improve the playbook. THIS IS NOT LEGAL ADVICE, it's a request for input.
This legal matter plan provides a structured workflow for Bankruptcy & Insolvency cases, outlining the standard DISPUTE_LITIGATION process. Utilize these tracking templates to manage your legal cases efficiently.
matter.matterNumber |
| text |
| Required |
inheritedmatter-core |
| Matter title | matter.title | text | - | inheritedmatter-core |
| Matter typeⓘ | matter.matterType | text | - | inheritedmatter-core |
| Matter status | matter.status | text | - | inheritedmatter-core |
| Client(1) | ||||
| Client name | matter.clientName | text | Required | inheritedmatter-core |
Decide who should be examined, about what, and whether an examination is a commercially sound use of estate funds.
Obtain a sealed summons for each examinee.
Put the examination on a footing that allows a warrant if the examinee fails to attend.
Obtain the evidence and admissions the trustee needs for recovery decisions.
Turn the examination evidence into a recovery plan for the estate.
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