Bowman v Bliss Early Learning Maroubra Pty Ltd

The case of Bowman v Bliss Early Learning Maroubra Pty Ltd was heard in the Federal Circuit and Family Court of Australia. The plaintiff, Bowman, sought damages against the defendant, Bliss Early Learning Maroubra Pty Ltd, following an incident where the plaintiff's child suffered strangulation asphyxia while in the defendant's care at their childcare centre. The primary issue before the court was whether an order should be made to determine a separate question of liability, distinct from the broader question of quantum of damages. This issue was raised in the context of a Notice of Motion filed by the defendant on 1 November 2024.

The court considered the procedural aspects of the application, including the timing and appropriateness of seeking a determination on liability at that stage. The court examined the necessity and relevance of addressing liability separately from the main proceedings, particularly in light of the potential for delay and the overall efficiency of the litigation process. The court also evaluated the merits of the application in relation to the principles of judicial economy and the avoidance of piecemeal litigation.

In dismissing the application, the court held that the request to determine liability separately was not in the interest of expeditious and fair resolution of the proceedings. The court emphasised the importance of maintaining a structured and efficient litigation process, and found that the application did not meet the threshold for an order to be made at that stage. The court also directed the defendant to serve any expert reports related to liability by 28 February 2025, and scheduled directions for the broader proceedings on 5 March 2025. The court's decision reflects a careful balance between procedural fairness and the overarching goals of litigation management.