Malak and Mairie (No 2)

The parties in this matter were the father and the mother, who were in dispute concerning their children. The application before Berman J of the Federal Circuit Court of Australia concerned the father's request for an assessment of the children by a family consultant to ascertain their views regarding their relationships with both parents.

The primary legal issue before the court was whether to grant the father's oral application for the children to be assessed by a family consultant. This assessment was sought to determine the children's views, wishes, and perceptions concerning their relationships with each of their parents.

Berman J dismissed the father's application. The judge did not provide detailed reasons for this decision in the provided extract, but the order indicates a refusal to order the assessment as requested by the father. The court's final order was to dismiss the father's application.