FCFCOA interpreter practice direction lists expectations for practitioners

The Federal Circuit and Family Court of Australia (FCFCOA) has announced that the ‘Working with Interpreters’ practice direction – which provides clear procedural guidance on engaging and utilising interpreters in proceedings before both divisions – will take effect on 1 December 2025. 

The FCFCOA explained that the practice direction applies to proceedings commenced in divisions 1 and 2 on or after 1 December 2025, as well as those initiated before that date, unless such applicability would be unfair or impractical. 

The FCFCOA shared that its practice direction seeks to: 

• Ensure fairness, accessibility, consistency, efficient proceedings, and equitable access to justice for all litigants and witnesses whose first language is not English 
• Prevent any miscarriage of justice 
• Clarify that the FCFCOA retains control over the delivery of evidence interpreted or translated into English 
• Recognise the interpreter’s special status in the administration of justice by declaring the interpreter’s duties in connection with the FCFCOA and the parties before it 
• Advance the FCFCOA’s commitment to cultural responsiveness 

In a media release, the FCFCOA noted that the practice direction reflects the Recommended National Standards for Working with Interpreters in Courts and Tribunals, as well as the experience of judges acting for the FCFCOA on the Judicial Council on Diversity and Inclusion.