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”.
Government of Australia
The Government of the Commonwealth of Australia is divided into three branches: the executive branch, composed of the Federal Executive Council, presided by the Governor-General, which delegates powers to the Cabinet of Australia, led by the Prime Minister; the legislative branch, composed of the Parliament of Australia's House of Representatives and Senate; and the judicial branch, composed of the High Court of Australia and the federal courts. Separation of powers is implied by the structure of the Constitution, the three branches of government being set out in separate chapters (chapters I to III). The Australian system of government combines elements of the Westminster and Washington systems with unique Australian characteristics, and has been characterised as a "Washminster mutation".