20.8   Proceedings that may not be referred to arbitration

(cf DCR Part 51A, rule 2; LCR Part 38, rule 12)

For the purposes of section 38 (3) (b) of the Civil Procedure Act 2005, the following proceedings may not be referred for arbitration unless the parties consent or the court finds there are special circumstances to justify their referral:

(a)  proceedings in which there is an allegation of fraud,

(b)  proceedings in the Small Claims Division of the Local Court.