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."
Retail, Wholesale and Department Store Union, Local 580 v Dolphin Delivery Ltd
The issue of whether the courts were included within the meaning of government was considered. The Court found that orders from the court did not constitute government action, rather the courts must be the neutral arbiters and cannot be included without unduly widening the scope of the Charter. The legislative, executive, and administrative branches, however, fall within the purview of government.