McKenna v The Queen

The applicant, McKenna, sought the removal of proceedings from the District Court of New South Wales to the High Court of Australia. The dispute concerned the interplay between the *Crimes Act* of New South Wales and the federal *Sex Discrimination Act*. The applicant argued that the District Court lacked jurisdiction to hear matters arising directly under a treaty, as provided by section 38(a) of the *Judiciary Act 1903* (Cth).

The central legal issue before the High Court was whether the proceedings in the District Court constituted "matters arising directly under any treaty" within the meaning of section 38(a) of the *Judiciary Act*. This determination was crucial to establishing whether the High Court possessed original jurisdiction over the matter, potentially requiring its removal from the District Court.

The applicant contended that the *Sex Discrimination Act*, which purported to give effect to a convention on discrimination against women, raised questions concerning that convention. If these questions were essential to resolving the conflict between the state and federal legislation, then the matter would arise directly under the treaty, placing it within the exclusive original jurisdiction of the High Court. The Court considered the mechanism of removal under section 38(a), acknowledging that while the High Court could take on the matter, it also had the power to remit portions of it. The applicant argued that removal was the appropriate course to give effect to section 38(a) when ordinary criminal proceedings had commenced in a lower court.