Kroll & Kroll [2012] FamCA 200

This is an application on behalf of Ms Kroll (the applicant) for certain parenting and financial orders against her husband, Mr Kroll.

2.           At this stage, may I say in passing that some concern was perhaps expressed that the time that I gave myself for the presentation of my reasons for judgment in this case may not have been adequate, and it may be necessary to give me time to refine my reasons.  I make it quite clear that I consider that it is absolutely imperative that these parties be given the courtesy of having a judgment given as soon as possible, so they know where they are and what they can do with their future.  As a result, I make no apology for the lack of refinement or otherwise of my reasons for judgment.  I am not one who is known for cutting and pasting, and I do not intend to do so in this case.  But I will put before the parties my reasons verbally, and I sincerely hope that they will understand them.

3.           The application, as I said, was initially for parenting and property.  I may want to say that the parties’ children’s parenting problems, if I can put it that way, have been overcome by consent orders which were entered into between the parties, I think directly as a result of a family consultant conference, as well as, I am sure, advice from the legal practitioners, who have done a good job.  And such order was made before Johnson J, as I understand it, on 13 December 2011.  And it is before me.

4.           The balance of the application by the applicant is for property settlement.  I shall briefly touch upon the chronology of the events in relation to such application.

5.           The wife was born in 1972, the husband in 1970.  He is at present employed by N, I think it is, and Associates, and is in a responsible position in which he receives something like $250,000 or thereabouts base salary, together with bonuses which have been up to $140,000 in gross earnings.

6.           As I have said, they commenced cohabitation in or about – and I emphasise “in or about” – the year 1995, and married in 2000.  There is an allegation on the part of both of the parties that during, shall we say, cohabitation and prior to marriage, the parties separated.  On the one hand, the mother says it was for a comparatively short period of some three to four months.  On the other hand, the father, the respondent, says that it was perhaps more like a year...

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