A new practice and procedure update, effective 1 December 2025, has been published by the Federal Circuit and Family Court of Australia regarding updates to practice directions for working with interpreters.
The Practice Direction provides 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.
Legal practitioners should note the following obligations under the Practice Direction:
- Notification: Practitioners must advise the Court promptly if an interpreter will be required for a party or witness.
- Arrangements: Practitioners are responsible for ensuring that interpreters engaged meet the required standards of competence and impartiality.
- 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, before each hearing.
One Response
Thank you, QLD and Proctor for publishing this new direction.
As a NAATI Certified interpreter of decades working in courts and tribunals, I and my other colleagues keep referring to the RNS as the best practice guideline to work with us.
This article in Proctor should assist immensely in making our work still better and of higher quality, as we know that ‘quality is a shared responsiblity’, and once you have a Certified interpreter working in your court, the rest is easy, provided the interpreter gets the necessary professional assistance, ie, background of the case for context, work in tandem for long proceedings, frequent breaks if working solo, well-structured questions/comments from JOs, hearing loops or simultaneous equipment, appropriate seating. Once these issues are resolved… the rest is history… an interpreter will be your best ally. And… remember…. you and your colleagues are ‘as good as your interpreter’, when it comes to communicating across languages and cultures.