The short answer: find your court’s rule, then see what it asks of the translator

Every court and tribunal quoted below wants an English translation of a document that is not in English. Where they differ is what comes with it. Some ask for the translation only, the Administrative Review Tribunal asks for “a NAATI certified translation into English”, and the family law courts want an affidavit from the person who made the translation.

That difference matters before you order anything. A translation from us arrives by email as a PDF. With the NAATI certification option it carries the translator’s certification statement, their NAATI stamp (normally the digital one, with a QR code), their name and their practitioner number. It is not an affidavit. If your court asks for one, read where we fit below and ask us before you order.

This page sets out what the rules say. It is not legal advice. If you have a lawyer, ask them what the court expects in your matter.

Federal Circuit and Family Court: a translation and the translator’s affidavit

Family law cases, divorce included, run under the Federal Circuit and Family Court of Australia (Family Law) Rules 2021. Rule 2.17 says: “If a document that must be filed with the court is not in English, the person filing the document must also file: (a) a translation of the document in English; and (b) an affidavit, by the person who made the translation, verifying the translation and setting out the person’s qualifications to make the translation.”

So two things are filed, not one: the English translation, and an affidavit from whoever translated it, setting out their qualifications.

The court’s practice direction on working with interpreters adds a line for lawyers: “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.” It defines that term as “a person certified by the National Accreditation Authority for Translators and Interpreters as a certified translator.”

Migration and other federal cases in the same court

Division 2 of the court also hears migration cases and other general federal law matters. Rule 2.11 of its General Federal Law Rules 2025 uses the same words: a person filing a document that is not in English must also file “a translation of the document in English” and “an affidavit, by the person who made the translation, verifying the translation and setting out the person’s qualifications to make the translation.” There is one exception: the rule “does not apply to a document contained in a Court Book filed by a respondent in a migration proceeding where the document was not originally accompanied by a translation.”

The court’s migration page puts it in plain words: “All documents must be prepared in English. If you want to rely on a document that is in a language other than English, it must be translated into English by an accredited translator. The Court does not provide document translation services.” It adds: “When using a private translator, look for NAATI certification.” What the older word “accredited” means today is explained on what the NAATI terms mean.

A divorce, with a marriage certificate that is not in English

This is the case most people meet first. The court’s form page says the person who translates the certificate “must complete an Affidavit Translation of Marriage Certificate”, attach a copy of the original certificate and the translation, and “set out their qualifications to make the translation.” It goes on: “The Affidavit must be sworn or affirmed before a Justice of the Peace or a Lawyer.” The affidavit “must be filed at the same time as the Application for Divorce.”

The translator’s affidavit for a divorce covers this case step by step.

Your own affidavit, if you do not read English well

This is a different job from translating a document. If you are making an affidavit yourself, rule 8.17(3) of the Family Law Rules says that if you do not have an adequate command of English, “a translation of the affidavit and oath or affirmation must be read or given in writing to the deponent in a language that the deponent understands” and “the translator must certify in or below the jurat that the translator has done so.”

The practice direction on interpreters goes further. Unless the court orders otherwise, a party relying on a translated affidavit of someone who needs 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.”

That work is done with you, when the affidavit is read to you and sworn. We translate documents into English. We do not provide interpreters, so for this step ask your lawyer or the court about a qualified interpreter.

Administrative Review Tribunal: NAATI, in its own words

The Tribunal’s Common Procedures Practice Direction 2026 is plain. Paragraph 2.15A: “Any document lodged with the Tribunal that is not in English must be accompanied by a NAATI certified translation into English.” Paragraph 6.2 says that, in general, evidence must be “in English, or accompanied by a NAATI certified translation into English.”

Its website says the same thing more simply: “All documents and evidence sent to the Tribunal must be in English.” And: “If you give the Tribunal evidence in another language or in Auslan, you must have it translated into English. An accredited translator must do this.”

Where the Tribunal names NAATI, the NAATI certification option is the one that matches its wording: a NAATI-certified translator prepares the translation. None of the passages quoted here mentions an affidavit.

Hearings are a separate matter. The Tribunal’s page says: “If English is not your first language and you have been asked to a hearing, conference or other meeting with the Tribunal, we can arrange and pay for an interpreter for you.” You do not need to pay anyone for that.

The Federal Court of Australia

The Federal Court Rules 2011 do not have one rule for every document in another language. They have rules for particular steps instead. The one most likely to touch a personal matter is registering a judgment from an overseas court. Rule 41.62 asks for “a copy of the judgment certified by the original court, and if the judgment is not in the English language a translation of the judgment authenticated by an affidavit”.

The court’s interpreter page covers the other direction, papers the court or the other side send you: “It is your responsibility to arrange and pay for the cost of a translator to translate documents sent to you by the Court or the respondent.” We translate into English only, so for English papers you need in your own language, look elsewhere.

State tribunals and courts: NSW, Victoria and Queensland

NCAT (NSW). The NSW Civil and Administrative Tribunal says: “If you need documents translated to English for the hearing, contact Multicultural NSW or other professional translation service.” For interpreters at a hearing it says “NCAT can organise this for you. This service is free of charge.”

VCAT (Victoria). Practice note PNVCAT9 says: “While parties should always ensure appropriately translated documents are available, an interpreter may be requested to sight translate short documents from the written word into English or the other language as required.” It also sets a limit: “A rule of thumb is that interpreters should not be asked to sight translate a document of more than two pages.” In other words, a long document should be translated before the hearing, not read out on the day.

Queensland courts. State court rules differ again. To register an overseas judgment, rule 947E of Queensland’s Uniform Civil Procedure Rules 1999 says the translation “must be properly certified by a person who is competent to make the translation into the English language.”

For any state court or tribunal not quoted here, ask the registry what it wants before you order a translation from anyone.

Where we fit, and where we don’t

What we do. We take your order, arrange the translation of the whole document into English, and deliver it by email as a searchable PDF. For a court or tribunal, choose the NAATI certification option: a NAATI-certified translator prepares it, and the PDF carries their certification statement, NAATI stamp (normally the digital one, with a QR code), name and practitioner number. What a certified translation looks like shows it page by page.

What an online order does not include. A sworn affidavit. Where a rule above asks for an affidavit by the person who made the translation, an online order does not cover it. Ask us before you order and we will tell you plainly whether we can help.

What we do not do at all. We do not provide interpreters for hearings, and we do not give legal advice.

The free government service will not do the affidavit either. TIS National says: “Translator affidavits for family court or other legal purposes are not available through the Free Translating Service.” If you need a translator to swear one and we cannot help, the court’s migration page says: “To find a translator, use NAATI’s online directory at www.naati.com.au or phone 1300 557 470.” Checking a NAATI stamp and the NAATI Online Directory explains how to use it.

If we get something wrong. If there is an error in our translation, we correct it and re-issue it at no charge.

Before you order: four questions for the registry or your lawyer

Which documents need to be in English? The rules above speak of documents you file, lodge or rely on. Ask which of yours those are, so you translate what the case needs and nothing more.

Is an affidavit from the translator needed, and who can witness it? For a divorce, the court’s own page names “a Justice of the Peace or a Lawyer”. For anything else, ask.

Will a PDF sent by email do? Our translations are digital. PDF or hard copy covers where a printed copy may be asked for.

Which spelling of each name? Court papers, certificates and passports can spell a name differently. Tell us the spelling in the passport; which spelling of your name goes on the translation explains how we handle it.

Court files can run long. You can order up to 4 pages online; for a longer file, send an enquiry and we will price it before you commit. What it costs per page is on what a NAATI translation costs.

Sources, checked on the date shown: