Effective from 1 December 2025
The Courts are committed to ensuring equitable access to justice for all litigants. To support this, the Working with Interpreters Practice Direction will commence on 1 December 2025.
Purpose
This Practice Direction provides clear guidance on the engagement and use of interpreters in court proceedings in the FCFCOA (Division 1) and FCFCOA (Division 2). It aims to ensure fairness, accessibility, and consistency for all parties and witnesses whose first language is not English. This reflects the Courts’ commitment to cultural responsiveness and access to justice in all proceedings.
The Practice Direction incorporates the Recommended National Standards for Working with Interpreters in Courts and Tribunals as far as possible, as well as the expertise of the Judges who represent the Courts on the Judicial Council on Diversity and Inclusion.
Key Requirements for Legal Practitioners
Legal practitioners should read the Practice Direction carefully, and note the following obligations under the Practice Direction, summarised below:
- Notification: Practitioners must advise the Court promptly if an interpreter will be required for a party or witness, to assist in the fair and efficient conduct of each case.
- Arrangements: Practitioners are responsible for ensuring that interpreters engaged meet the required standards of competence and impartiality, and that the Court can be satisfied of their qualifications and suitability to act as an interpreter.
- Compliance: Practitioners must follow the procedural steps outlined in the Practice Direction, including any pre-hearing requirements, preparation and confirmation of interpreter details.
- Professional Conduct: Practitioners should ensure interpreters understand and comply with the Court’s expectations regarding confidentiality and neutrality, and are provided with a copy of the Code of Conduct included as Annexure B, prior to each hearing.
The Working with interpreters Practice Direction is available on the Courts’ website.
