(PD-INTERP)

1. Introduction

1.1 This Practice Direction applies to all proceedings commenced on or after 1 December 2025 in the Federal Circuit and Family Court of Australia (Division 1) and the Federal Circuit and Family Court of Australia (Division 2) (the Courts). This Practice Direction also applies to any proceedings commenced prior to this date unless unfair or impractical do to so.

1.2 This Practice Direction is to be read in conjunction with the Federal Circuit and Family Court of Australia Act 2021 (Cth) (the Act), the Evidence Act 1995 (Cth), and any other legislation applicable to the Courts or its jurisdictions.

1.3 This Practice Direction is to be read together, as applicable, with:

the Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Family Law Rules);
the Federal Circuit and Family Court of Australia (Division 2) (General Federal Law) Rules 2025 (General Federal Law Rules);
the Federal Circuit and Family Court of Australia (Division 2) (Bankruptcy) Rules 2021 (Bankruptcy Rules).

1.4 This Practice Direction has been developed having regard to the Recommended National Standards for Working with Interpreters in Courts and Tribunals which have been adopted to the extent compatible with the legislation and rules that govern the Courts’ practices.

2. Definitions

2. In this Practice Direction:

“accurately” means resulting in the optimal and complete transfer of the meaning from the other language into English and from English into the other language, preserving the content and intent of the communication made in the other language or in English (as the case may be) without omission or distortion and including matters which the interpreter may consider inappropriate or offensive.

“Certified Interpreter” means a person who is currently certified by the National Accreditation Authority for Translators and Interpreters as a Certified Interpreter (previously called “Professional Interpreter”).

“Certified Provisional Interpreter” means a person who is certified by the National Accreditation Authority for Translators and Interpreters as a Certified Provisional Interpreter.

“Certified Specialist Legal Interpreter” means a person who is certified by the National Accreditation Authority for Translators and Interpreters as a Certified Specialist Legal Interpreter.

“Certified translator” means a person certified by the National Accreditation Authority for Translators and Interpreters as a certified translator.

“Code of Conduct” means the Code of Conduct for Interpreters in Legal Proceedings set out in Annexure B.

“consecutive mode” means the mode of consecutive interpreting whereby the interpreter interprets after each short segment.

“Court” means the Federal Circuit and Family Court of Australia (Division 1) or the Federal Circuit and Family Court of Australia (Division 2).

“interpret” means the process whereby spoken or signed language is conveyed from one language (the source language) to another (the target language) orally.

“interpreter” in relation to any other language (as defined below), means a Qualified Interpreter, a Certified Interpreter, an interpreter who is registered or recognised as an interpreter for that language by a Recognised Agency, or a person who otherwise satisfies the Court that they are qualified to carry out the office of interpreter.

“NAATI” means National Accreditation Authority for Translators and Interpreters.

“other language” means a spoken or signed language other than English.

“Qualified Interpreter” means a person qualified for court interpreting because they have all of the following attributes:

a tertiary (VET or university) qualification in interpreting;
certification from NAATI;
membership with a professional body (e.g. AUSIT, ASLIA or other recognised national, State or Territory based interpreter association); and
experience interpreting in court.

“Recognised Agency” means the NAATI and such other organisations as are approved by the Chief Justice for the purposes of this Practice Direction.

“Recommended National Standards” means the Recommendation National Standards for Working with Interpreters in Courts and Tribunals as published by the Judicial Council on Diversity and Inclusion (www.jcdi.org.au/publications/national_standards_interpreters/).

“Recognised Practising Interpreter” means a person holding the National Accreditation Authority for Translators and Interpreters award of Recognised Practising Interpreter, which requires the person to demonstrate English proficiency, ethical competency, intercultural competency and complete a minimum amount of introductory interpreter training, but there is no testing of the person.

“sight translate” means the process whereby an interpreter or translator presents a spoken interpretation of a written text.

“simultaneous mode” means the mode of simultaneous interpreting whereby the interpreter listens to the spoken language, or watches the signed language, and interprets at the same time with only a small lag between the message in the source language and the interpretation in the target language.

“Suitable person” means an interpreter who has some of the attributes of a Qualified Interpreter, or where no interpreter can be found, a bilingual.

“translate” means the process whereby written language is conveyed from one language (the source language) to another (the target language) in the written form.

3. Purpose

3.1 The main purposes of this Practice Direction are:

to ensure access to justice for all litigants whose first language is not English;
to clarify that the Court has control over the giving of evidence that is interpreted or translated into English;
to recognise the special status of an interpreter in the administration of justice by declaring the duties of an interpreter in relation to the Court and the parties to proceedings; and
to provide procedural guidance to parties, interpreters, and legal practitioners about what the Court expects where an interpreter is required in proceedings.

4. Proceedings in English

4.1 Proceedings in the Court are conducted in English.

4.2 The Court accommodates the language needs of parties and witnesses with limited English proficiency in accordance with the requirements of procedural fairness.

4.3 If the Court is satisfied that a party or witness cannot understand and speak English sufficiently to enable the party or witness to understand, and to make adequate reply to, questions that may be put to a party or witness, then the party or witness may give:

oral evidence in any other language which is interpreted into English by an interpreter in accordance with this Practice Direction;
evidence by an affidavit or statement in English which has been sight translated to the witness by an interpreter.

4.4 In any proceedings, if the Court is satisfied that a party cannot understand and speak English sufficiently to enable the party to understand and participate in the proceedings, the Court must permit that party to engage the services of an interpreter who meets the standards and requirements imposed by this Practice Direction, if the interpreter is to be engaged by that party to communicate with the Court (but for no other purpose).

5. Requirement for interpreter

5.1 If a party has a difficulty with English or otherwise requires an interpreter, it is the responsibility of that party or their legal representative to arrange for an interpreter for that party and any witness in that parties’ case who requires an interpreter.

5.2 If a party cannot afford to pay for an interpreter or is self-represented in a proceeding under the Migration Act 1958 (Cth) and has limited English proficiency, the Court may arrange an interpreter for that party.

5.3 To ensure that proceedings are conducted fairly and that there is no miscarriage of justice, legal practitioners should ensure an interpreter is provided to parties and witnesses of limited English proficiency.

5.4 In determining whether a person requires an interpreter, legal practitioners should apply the four-part test for determining the need for an interpreter as outlined in Annexure A.

6. Booking and engaging interpreters

6.1 To maximise the ability of interpreting services to provide an appropriate interpreter for a particular case, the party or legal representative seeking to engage the services of the interpreter should give as much notice as possible.

6.2 When applying for a hearing date, parties or their legal representative should draw the availability of the interpreter to the Court’s attention for the judicial officer to take into account where possible.

6.3 The Court expects a Qualified Interpreter to be engaged. Where a Qualified Interpreter cannot reasonably be obtained, a Suitable Person may be engaged instead. Where possible, the following order of preference for an interpreter’s level of certification and qualification should be followed:

Certified Specialist Legal Interpreter
Certified Interpreter
Certified Provisional Interpreter
Recognised Practising Interpreter
Suitable Person

6.4 When engaging an interpreter, whether a Qualified Interpreter or otherwise, the following should also be taken into account:

the extent and level to which the person has pursued formal education and interpreter training, especially legal interpreting training;
the level of their NAATI certification;
whether or not the person is a current member of AUSIT, ASLIA or other recognised national, State or Territory based association requiring adherence to a code of ethics and/or standards;
any experience interpreting in court, including the nature of that work; and
any other relevant professional interpreting experience.

7. Matters to be considered when an interpreter is engaged

7.1 When engaging an interpreter, a party must give early consideration to:

the matters set out in paragraph 14.1 of this Practice Direction; and
whether any orders or directions should be sought from the Court having regard to those matters or otherwise in connection with the participation of an interpreter in the proceedings. Such directions must be sought at the earliest possible stage in the proceedings.

7.2 For the purposes of providing any time estimate to the Court where evidence is to be given through an interpreter using the consecutive mode, a party or their legal representative should generally allow 2.5 hours for every hour that would have been estimated if the evidence was being given in English without an interpreter. The use of the simultaneous mode can significantly expedite the proceedings.

7.3 A party or legal representative engaging an interpreter to interpret in proceedings in Court must inform the interpreter that they will be required by the Court to produce evidence of their current certification as an interpreter for the relevant language by a Recognised Agency, or other evidence to satisfy the Court that they are qualified to carry out the office of interpreter.

7.4 Parties or their legal representatives should ensure that interpreters (whether engaged by the party, their legal representative, or the Court) are appropriately briefed on the nature of the case prior to the commencement of proceedings.

7.5 The party or legal practitioners should not require interpreters to sight translate during the course of a hearing without prior notice (“sight unseen”). Sight unseen translation by interpreters of even simple or short documents should be avoided as far as possible.

8. Who may act as an interpreter

8.1 A person must not act as an interpreter in proceedings unless the person:

is currently a Certified Interpreter for the other language concerned or otherwise satisfies the Court that the person is qualified to act as an interpreter; and
has read and agreed to comply with the Code of Conduct (see paragraph 9); and
takes an oath or makes an affirmation to interpret accurately to the best of the person’s ability.

8.2 In addition to the requirements set out in paragraph 8.1 above, a person must not act as an interpreter if the person:

is or may become a party to, or a witness in, the proceedings (other than as the interpreter); or
is related to, or has a close personal relationship with, a party or a member of the party’s family, a witness or potential witness; or a legal representative in the proceedings; or
has or may have a financial or other interest of any other kind in the outcome of the proceedings or proposed proceedings (other than an entitlement to a reasonable fee for the services provided by the person as an interpreter in the course of the person’s engagement or appointment); or
is or may be unable to fulfil, for any reason, the person’s duty of accuracy or impartiality under the Code of Conduct as required by paragraph 9, including, without limitation, personal or religious beliefs, or cultural or other circumstances.

8.3 A person acting as an interpreter must:

cease to act as an interpreter if the person becomes aware during a hearing of any of the disqualifying matters referred to in paragraph 8.2; and
immediately disclose the disqualifying matter or matters to the Court.

8.4 The Court may, where it is in the interests of justice to do so, grant leave for a person to act as an interpreter in proceedings despite that person not complying with one or more of the requirements under paragraphs 8.1-8.3, if (to the extent practicable):

the Court is satisfied that, because of the person’s specialised knowledge based on the person’s training, study or experience, the person is able to interpret and, if necessary, sight translate accurately to the level the Court considers satisfactory in all the circumstances from the other language into English and from English into the other language; and
the person takes an oath or makes an affirmation to interpret accurately to the best of the person’s ability; and
the Court is satisfied that the person understands and accepts that, in acting as an interpreter, the person:
1. is not the agent, assistant or advocate of the party or the witness for whom the person is to act as an interpreter; and
2. owes a paramount duty to the Court to be impartial and accurate to the best of the person’s ability; and
the Court directs that the evidence and interpretation be sound recorded for spoken languages and video recorded for sign languages; and
the person is over the age of 18 years.

9. Code of conduct for interpreters

9.1 An interpreter must comply with the Code of Conduct at Annexure B.

9.2 Unless the Court otherwise orders or directs, as soon as practicable after an interpreter is engaged or appointed for proceedings or proposed proceedings, a copy of the Code of Conduct is to be provided to the interpreter by:

if an interpreter is engaged by a party or legal representative – the party or legal representative; or
if the interpreter is appointed by the Court – the Court.

9.3 Unless the Court otherwise orders or directs, a witness may not give evidence using an interpreter unless the Court is satisfied that the interpreter has read the Code of Conduct and agreed to be bound by it.

9.4 Paragraphs 9.1 and 9.3 have effect subject to paragraphs 8.1-8.4.

9.5 A party or legal representative must not proceed with the engagement of the interpreter until that party has obtained from the interpreter a signed acknowledgement that the interpreter has read, understands and will abide by the Code of Conduct.

9.6 Paragraph 9.5 of this Practice Direction does not apply to an interpreter in respect of whom the party intends to make an application under paragraph 9.4 of this Practice Direction, or if the interpreter is to be used only by a party for purposes other than communicating with the Court.

10. Status and function of the interpreter

10.1 Interpreters have a special status in the administration of justice in the sense that they owe to the Court paramount duties of accuracy and impartiality in the office of interpreter. This duty overrides any duty that the interpreter may have to any party or legal representative to the proceedings, even if they are engaged directly by that party or their legal representative.

10.2 Unless the Court otherwise orders, an interpreter must:

interpret questions and all other spoken or signed communications in the proceedings for the party, or a witness, from English into the other language and from the other language into English; and
subject to paragraph 7.5 and 10.3, sight translate, whether before or during the course of a party or witness’ evidence, written text shown to the party or witness.

10.3 An interpreter may refuse to sight translate if:

the interpreter considers that the interpreter is not competent to do so; or
the task is too onerous or difficult by reason of the length or complexity of the text.

10.4 Unless the Court otherwise orders, an interpreter may not assist a party, or the party’s legal representatives, in their conduct of proceedings or proposed proceedings (including a hearing) except by:

interpreting questions and other spoken or signed communications in connection with the proceedings or proposed proceedings from English into the other language and from the other language into English; or
sight translating documents in connection with the proceedings or proposed proceedings from English into the other language and from the other language into English.

11. Duties of interpreters

11.1 Interpreters must diligently and impartially interpret communications in connection with a court proceeding as accurately and completely as possible.

11.2 Interpreters must comply with any order or direction of the Court.

11.3 Where the interpreter becomes aware they may have a conflict of interest, the interpreter must alert the Court to the possible conflict of interest immediately, and if necessary, withdraw from the assignment or proceed as directed by the Court.

11.4 Requests by the interpreter for repetition, clarification and explanation should be addressed to the judicial officer rather than to the questioning counsel, witness or party.

11.5 There may be occasions when the interpreter needs to correct a mistake. All corrections should be addressed to the judicial officer rather than to the questioning counsel, witness or party.

11.6 If the interpreter recognises a potential cross‑cultural misunderstanding, or comprehension or cognitive difficulties on the part of the person for whom the interpreter is interpreting, the interpreter should seek leave from the judicial officer to raise the issue.

11.7 Interpreters must keep confidential all information acquired, in any form whatsoever, in the course of their engagement or appointment in the office of interpreter (including any communication subject to client legal privilege) unless:

that information is or comes into the public domain; or
the beneficiary of the client legal privilege has waived that privilege.

12. Evidence adduced through interpreters

12.1 Unless the Court otherwise orders, a party seeking to read a translated affidavit or statement of a party or a witness who requires an interpreter is not entitled to rely on the affidavit or statement unless it includes a certification in the approved form by a Qualified Interpreter for the other language concerned.

12.2 In the alternative to 12.1, a Qualified Interpreter may separately verify by affidavit in the approved form, to the following effect:

before sight translating the affidavit or statement to the witness, the interpreter:
1. had read the Code of Conduct and agreed to be bound by it; and
2. had been given an adequate opportunity to prepare to sight translate the affidavit or statement; and
the interpreter sight translated the entire affidavit or statement to the party or witness and the party or witness then:
1. informed the person responsible for the preparation of the affidavit or statement through the interpreter that the party or witness had understood the interpreter and agreed with the entire contents of the affidavit or statement; and
2. swore or affirmed the affidavit or signed the statement in the presence of the interpreter.

12.3 Unless the Court otherwise orders, the interpreter referred to in paragraphs 12.1 and/or 12.2 may, but is not required to, be the interpreter who acts as the interpreter for that witness in any hearing in the proceedings.

12.4 The Court may at any time, either of its own motion or on the application of a party, request an interpreter to correct, clarify, qualify or explain the interpreter’s interpretation of the evidence or sight translation of a document.

13. Expectation of legal representatives in proceedings with interpreters

13.1 Legal practitioners should use their best endeavours to use plain English to communicate clearly and coherently during court proceedings. Legal practitioners should speak at a speed and with appropriate pauses so as to facilitate the discharge by the interpreter of their duty to interpret.

13.2 Legal practitioners should ensure affidavits and statements to be read in evidence comply with the guidance at paragraph 12.

13.3 Legal practitioners should ensure that any document in a language other than English which is to be referred to or tendered into evidence in proceedings has been translated into English or the other language by a Certified Translator, where available.

13.4 Legal practitioners should not require interpreters to sight translate during the course of a hearing without prior notice (“sight unseen”) long, complex or technical documents. Sight unseen translation by interpreters of even simple or short documents should be avoided as far as possible.

14. Court may make orders or give directions concerning interpreters

14.1 Without limiting the Court’s powers to control its own procedures, the Court may at any time make orders and directions concerning all or any of the following, having regard to the nature of the proceedings (including the nature of the case and the characteristics of the parties and witnesses):

any particular attributes required or not required for an interpreter, including, without limitation, gender, age, ethnic, cultural or social background so as to accommodate any cultural or other reasonable concerns of a party, or the witness;
the number of interpreters required in any proceedings and whether relay interpreting should be used;
establishing the expertise of an interpreter;
the steps to be taken to obtain an interpreter who is certified, registered or recognised by a Recognised Agency as an interpreter for the other language concerned or is otherwise qualified to act as an interpreter;
the steps to be taken before an application under paragraph 8.4 is made;
what information concerning the proceedings (including, without limitation, pleadings, affidavits, lists of witnesses and other documents) may be provided to a person in advance of any hearing to assist that person to prepare to carry out the office of interpreter at that hearing;
when, in what circumstances and under what (if any) conditions the information referred to in paragraph 14.1(f) may be provided;
whether the interpreter is to interpret the party or witness’s evidence in the consecutive mode, in the simultaneous mode or in some other way;
other resources such as dictionaries or other reference works which the interpreter may require to consult in the course of carrying out the office of interpreter;
the length of time for which an interpreter should interpret during a hearing without a break;
security for the interpreter including, where necessary, arrangements to preserve the anonymity of the interpreter;
practical matters concerning the interpreter, such as seating for, and the location of, the interpreter. This includes, if applicable, whether an interpreter can attend electronically from an overseas location;
the disqualification, removal or withdrawal of an interpreter, including on the application of the interpreter, any party to the proceedings or by the Court of its own motion;
return or destruction of any material provided to interpreters; and
the payment of interpreters.

Annexure A

Part 1: Ask the party or witness about an interpreter

Explain the role of an interpreter and ask the party or witness, using an open question (then avoid reframing as a yes or no question if there is no response).
What do you think about asking an interpreter to help us? Or what do you want to do?

If the party indicates they would like an interpreter, stop the discussion and arrange for an interpreter to be present.
If the party has difficulty answering this question, stop the discussion and arrange for an interpreter to be present.
If the party indicates they do not want an interpreter, proceed to part 2.

Part 2: Assessing speaking ability – ask questions that require a narrative response

Ask the party to speak to you in narrative (story) form by asking open-ended background questions. Avoid yes or no questions or questions that can be answered with one or two words.

Tell me about… What do you think will happen if…?

For example, ‘Tell me about any jobs or training that you have had’, or questions related to the topic at hand, such as ‘Tell me everything that happened after the police arrived’.

Avoid questions that can be answered with one or two words, for example ‘How long have you been staying in Alice Springs?’.

Include at least one question that seeks the party’s thoughts or opinions, for example ‘What do you think will happen to your children if you go to jail?’

If the party does not respond with anything more than a few words to the first few questions, make several further attempts at eliciting a longer response. If unsuccessful then it is likely the party cannot express themself adequately or confidently in English. Stop the interview and arrange for an interpreter to be present.

If the party is able to give satisfactory or somewhat satisfactory responses, proceed to part 3.

Part 3: Assessing comprehension and speaking relevant to the context

Write down two sets of two medium length sentences, using the style and some of the terms that the party or witness will encounter in the court. Read each set to the party or witness and ask them to explain back to you what you just said.

Present the task in this way “I need to tell you something important now, and then I will ask you to tell that story back to me. This way I can check that we understand each other. Are you ready?”

Part 4: Assessing communication

Assess the party’s response, and any other communication you have already had with them.

Annexure B
Code of Conduct for Interpreters in Legal Proceedings

Application of Code

This Code of Conduct applies to any person (the “Interpreter”) who whether or not for a fee or any other reward is engaged, appointed, volunteers or otherwise becomes involved in proceedings or proposed proceedings to carry out the office of interpreter by interpreting or sight translating from any spoken or signed language (the “other language”) into English and from English into the other language for any person.

General duty to the Court

In view of their special status in the administration of justice, an Interpreter has an overriding duty to assist the Court impartially.

An Interpreter’s paramount duty is to the Court and not to any party or witness in the proceedings (including the person retaining or paying the Interpreter).

An Interpreter is not an advocate, agent or assistant for a party or witness.

Duty to comply with orders and directions

An Interpreter must comply with any order or direction of the Court.

Duty of accuracy

An Interpreter must at all times use their best judgment to be accurate in their interpretation or sight translation.

In this code “accurate” means the optimal and complete transfer of the meaning from the other language into English and from English into the other language, preserving the content and intent of the communication made in the other language or in English (as the case may be) without omission or distortion and including matters which the Interpreter might consider inappropriate or offensive.

If an Interpreter considers that their interpretation or sight translation is or could be in any way inaccurate, incomplete or requires qualification or explanation (including, without limitation, where the other language is ambiguous or otherwise unclear for any reason), then:

the Interpreter must immediately inform the party or legal representative who engaged them and provide the necessary correction, qualification or explanation to that party; and
if their evidence is being given or was given in Court, immediately inform the Court and provide the necessary correction, qualification or explanation to the Court.

Duty of impartiality

An Interpreter must at all times carry out the office of interpreter impartially so as to be without bias in favour of or against any person, including but not limited to the person whose evidence the Interpreter is interpreting, the party or legal representative who has engaged or is remunerating the Interpreter, or any other party to or person involved in the proceedings or proposed proceedings.
Unless the Court orders otherwise, an Interpreter must not accept an engagement or appointment to carry out the office of interpreter in relation to a proceeding or proposed proceeding if the Interpreter:

is or may become a party or a witness;
is related to, or has a close personal relationship with, a party or a member of the party’s family, or with a witness or potential witness;
has or may have a financial or other interest of any kind whatsoever in the outcome of the proceeding or proposed proceeding (other than an entitlement to a reasonable fee for the services provided by the Interpreter in the course of their engagement or employment); or
is or may be unable to fulfil their duty of accuracy or impartiality for any reason including, without limitation, personal or religious beliefs, cultural reasons or any other reasonable concerns.

Other than carrying out their engagement or appointment in the office of interpreter, an Interpreter must not provide any other assistance, service or advice (including by way of elaboration) to:

the party, legal representative or other person who has engaged them; or
any witness or potential witness,

in relation to the proceeding or proposed proceeding.

Duty of competence

An Interpreter must only undertake work they are competent to perform in the languages for which they are qualified by reason of their training, qualifications or experience.
If it becomes apparent in the course of a matter that expertise beyond their competence is required, the Interpreter must inform the Court immediately and work to resolve the situation, either withdrawing from the matter or following another strategy acceptable to the Court.

Confidentiality

Subject to compulsion of law, an Interpreter must keep confidential all information in any form whatsoever which the Interpreter acquires in the course of their engagement or appointment in the office of interpreter (including any communication subject to client legal privilege) unless:

that information is or comes into the public domain other than by an act of the Interpreter in breach of this duty of confidentiality; or
the beneficiary of the client legal privilege has waived that privilege.

Subject to compulsion of law, the interpreter is to take all reasonable steps to ensure, to the best of their ability and knowledge, that any court documents provided to them is destroyed and permanently deleted from any storage or retrieval system (whether held by email, cloud storage or otherwise) within 7 days of the hearing date.