Pt 5.9 - Public Examinations

Public examinations help liquidators recover property (or administer a winding up). 

The examination can be mandatory or discretionary, and if it proceeds will be on the examinable affairs. 

As the application can be made ex parte it may be that you are surprised to find out you have been summonsed. Such a summons may perhaps also require you produce documents at or before the hearing. 

Examination Summons - Disputes

Disputes can arise regarding: -

  • the obligation to appear at the hearing;
  • whether production is required;
  • whether you are entitled to seek an order discharging a summons (very strict time limits apply);
  • whether the examination should be in public;
  • the requirement to put on an affidavit;
  • access to the transcript;
  • the right to have a lawyer present;
  • matters pertaining to costs.

Let Us Help You

  • understand your rights if you have been summonsed;
  • advise you, if you are a liquidator, about the process involved.

* This content does not purport to give legal advice. Readers must obtain their own legal advice, that applies to the particular circumstances of their case, before taking any action at all.