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”.
Court of Cassation (France)
The Court is not the only court of last resort in France. Cases involving claims against government bodies, local authorities, or the central government, including all delegated legislation (e.g., statutory instruments, ministerial orders), are heard by the administrative courts, for which the court of last resort is the Conseil d'État. In cases where there appears to be concurrent jurisdiction or a conflict of laws between the judicial and administrative courts, whether both retain jurisdiction ("positive dispute") or decline jurisdiction ("negative dispute"), the Jurisdictional Disputes Court ("Tribunal des Conflits") decides the issue. The Court is composed of 4 members from both senior courts and occasionally, to break a tie, the justice minister who, if present, presides.