Foreign-Language Documents as Evidence in Australian Courts

Australian courts work in English. If you want to rely on a document in another language, you will usually need to file an English translation, and some courts also want evidence from the translator.

Last reviewed 30 October 2026 against official sources.

There is no single national rule

Each court has its own rules, practice directions and forms, and the requirements change depending on the type of proceeding. A translation that is fine for one court may need an affidavit in another. The examples below come from official court rules and pages. Use them as a guide to the kind of thing to look for, then check the rules of the court your matter is in.

Family law

Rule 2.17 of the Federal Circuit and Family Court of Australia (Family Law) Rules 2021 deals with documents not in English. It says that if a document that must be filed with the court is not in English, the person filing it must also file a translation in English and an affidavit by the person who made the translation, verifying the translation and setting out their qualifications to make it. Rules change, so check the current version of the rules, or ask the registry, before you file.

The Court applies the same idea to divorce. Its divorce practice direction says a non-English marriage certificate must be filed with an English translation annexed to an Affidavit – Translation of Marriage Certificate.

Migration matters

For migration cases, the Federal Circuit and Family Court of Australia says all documents must be prepared in English and that a document in another language must be translated into English by an accredited translator. It says the Court does not provide document translation services, that arranging translation is your responsibility, and that when using a private translator you should look for NAATI certification.

Federal Court of Australia

The Federal Court Rules 2011 contain translation requirements for particular steps rather than one general rule. For example:

State courts

State courts publish their own rules. The Supreme Court of New South Wales, for instance, says that when a foreign request for service of documents is made under the Hague Convention and the documents are not in English, a certified English translation must be provided. For evidence in a state court or tribunal, read that court’s rules and practice notes, or ask the registry, before you order.

Translation, certificate or affidavit?

These terms are often used loosely, but courts treat them differently:

Translator affidavits are quoted separately, where available. Mention it in your enquiry and we will tell you before you pay.

Practical tips

Before you order

We are translators, not lawyers. Check the specific court’s rules with the registry or your lawyer before you order. See our court order and judgment translation page, or upload your documents for a quote.

Official sources

Translation, not legal advice

We translate what your documents say. We do not advise on their legal effect, and we cannot confirm whether a particular court or agency will accept them. Please check requirements with the receiving body or your lawyer.

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Frequently Asked Questions

Does every court need a translator affidavit?

No. Requirements depend on the court and the type of proceeding. The family law rules, for example, ask for an affidavit by the translator, while some Federal Court rules ask for a translator certificate. Check the rules of your court.

Can you provide an affidavit from the translator?

Translator affidavits are quoted separately, where available. Please mention it when you submit your documents.

Will the court arrange the translation for me?

Generally not. For migration matters, the Federal Circuit and Family Court of Australia says it does not provide document translation services and that arranging translation is your responsibility.

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