Australia’s Federal Family Court Issues Stringent New Interpreter Rules

The Federal Circuit and Family Court of Australia (FCFCOA) has introduced a new “Working with Interpreters” Practice Direction (PDF), effective December 1, 2025. A stringent new set of rules, the Practice Direction governs the use of language support in court proceedings with mandates for legal practitioners and interpreters. 

The Practice Direction aims to establish non-negotiable obligations for practitioners, featuring 23 instances of the modal verb “must” within the document to illustrate a heightened sense of compliance.

According to the Practice Direction announcement, the primary goal of these mandates is “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 new Practice Direction builds upon a more general 2023 Practice Note issued by the Federal Court of Australia regarding interpreters in civil and criminal proceedings, but it is specifically tailored for the Family Court environment.

These new rules align with the Recommended National Standards for Working with Interpreters in Courts and Tribunals, and apply to all new proceedings in FCFCOA Divisions 1 and 2, as well as existing matters commenced prior to the effective date, unless such application is deemed “unfair or impractical.”

Higher Control of the Courts over Interpreting Services

Under the new regime, the Court asserts higher control over interpreting services, but the responsibility for securing an interpreter rests with the party needing an interpreter or their legal representative (though the Court may arrange an interpreter in limited circumstances). 

Legal practitioners are also strictly required to guarantee that engaged interpreters are competent, qualified, and impartial, and proof of qualifications must be available. 

The preferred hierarchy of qualifications is defined as: “Certified Specialist Legal Interpreter,” “Certified Interpreter,” “Certified Provisional Interpreter,” and “Recognised Practicing Interpreter.” The rule does provide for the use of a “suitable person” only if a qualified interpreter cannot be reasonably obtained.

A key feature of the Practice Direction is the formal conferral of a special status on interpreters, clarifying that their paramount duty is to the Court. They are explicitly defined as neither an advocate, agent, nor assistant; their core function is the provision of optimal and complete language transfer.

To uphold the integrity of the process, practitioners must provide the interpreter with a copy of the Code of Conduct (Annexure B) before each hearing. This Code specifies the interpreter’s duties of accuracy, impartiality, competence, and confidentiality, which extends to all communications subject to client legal privilege. 

The Practice Direction also sets exacting criteria for disqualification based on conflicts of interest.

Clear Task Delineation

The new Practice Direction offers guidance for estimating hearing time where interpreters are required. When using the standard consecutive mode, for example, legal representatives are advised to allow 2.5 hours for every hour of evidence that would have been estimated for an English-only hearing.

While not a new provision for the Federal Courts, the use of the simultaneous interpreting mode is highlighted as a way to significantly expedite proceedings. The more general “Recommended Standards” from the Judicial Council on Diversity and Inclusion already include guidelines for working with simultaneous interpreters in the courts.

Finally, the Practice Direction mandates a commitment to plain language, with practitioners expected “to use plain English to communicate clearly and coherently during court proceedings.”

Practitioners are expected to achieve full compliance from Day One of implementation and are urged to meticulously review and follow the new rules.