Kaljo v Dwyer

The applicant, Mr Kaljo, sought special leave to appeal to the High Court of Australia against a decision of the Court of Appeal of New South Wales. The dispute concerned the interpretation of section 20 of the *De Facto Relationships Act, New South Wales*.

The central legal issue before the High Court was the correct interpretation of section 20 of the *De Facto Relationships Act, New South Wales*, particularly whether the Court of Appeal had erred by introducing extraneous considerations into its application. The applicant argued that the Court of Appeal's majority decision, led by Justice Handley, had improperly read words into the section, thereby altering its intended meaning.

The applicant contended that the Court of Appeal's interpretation expanded the scope of the section beyond its original intent, which was based on the recommendations of the Law Reform Commission. The Commission had drawn a clear distinction between property adjustment orders, which are based on contributions during the relationship, and maintenance awards, which are based on needs and means. The applicant argued that the legislation, as enacted, reflected this distinction and that the Court of Appeal's approach blurred this line. The applicant indicated an intention to refer to extrinsic materials, specifically the Law Reform Commission's report and the second reading speech of the Attorney-General, to support this interpretation, highlighting the significant social reform intended by the legislation and its similarity to provisions in other Australian jurisdictions.