John David Phillips
Phillips' retirement speech generated debate in Victoria on judicial independence. In the Australian experience, government is separated into three branches, the executive, legislative and judicial branches. Each branch is independent of the others, and is recognised in the Australian Constitution at the federal level. Phillips on his retirement was critical of the intrusion of the executive into the work of the courts, being the judicial branch. For example, the Supreme Court was referred to as "Business Unit 19" by the Victorian Government. Phillips did not suggest that the Victorian Government would attempt to influence directly a decision of the court. However, there appeared to be "What is evolving ...a perception of the court as some sort of unit of functionary within the Department of Justice”.
England
The court system is headed by the Senior Courts of England and Wales, consisting of the Court of Appeal, the High Court of Justice for civil cases, and the Crown Court for criminal cases. The Supreme Court of the United Kingdom is the highest court for criminal and civil cases in England and Wales. It was created in 2009 after constitutional changes, taking over the judicial functions of the House of Lords. A decision of the Supreme Court is binding on every other court in the hierarchy, which must follow its directions.