John David Phillips
Phillips is not alone in his criticism of government. He received support in 2006 when retiring judge William Ormiston agreed with Phillips’ comments. Chief Justice Marilyn Warren responded to the criticism by saying that "bureaucrats did not tell her what to do". Warren noted that whilst there were disagreements between her and the government from time to time, the judges run the courts, not public servants. Warren said
"The court, as part of our structure of government, is independent. As part of Victoria's constitutional arrangements, the Supreme Court is the third arm of government."
Administrative Appeals Tribunal
The Tribunal is not a court. The High Court has long held that the Australian Constitution, mandates a separation of powers between the executive, legislative and judicial branches of government. Judicial review of administrative decisions takes place in courts, such as the Federal Court and the Federal Circuit Court. The AAT remains part of the executive branch of government.