(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.