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 system of Canada
The Federal Court exists primarily to review administrative decisions by federal government bodies such as the immigration board and to hear lawsuits under the federal government's jurisdiction such as intellectual property and maritime law. It also has concurrent jurisdiction with the superior trial courts of the Provinces to hear civil lawsuits brought against the federal government. The Federal Court also has jurisdiction to determine inter-jurisidctional legal actions between the federal government and a province, or between different provinces, provided the province in question has passed corresponding legislation granting the Federal Court jurisdiction over the dispute. Also the Federal Courts have the power to review decisions, orders, and other administrative actions of most federal boards, commissions, and tribunals. That means most federal government can be challenged in the federal court. Also with the Federal Court, the system may refer back to questions of law, jurisdiction,or price to one of the federal courts at any stage of proceeding.