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UNIFORM CIVIL PROCEDURE RULES 2005 - REG 20.8 Proceedings that may not be referred to arbitration

UNIFORM CIVIL PROCEDURE RULES 2005 - REG 20.8

Proceedings that may not be referred to arbitration

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.