What clients must know before engaging an interpreter
An affidavit is a formal sworn document used as evidence in court or tribunal proceedings across Australia. When language barriers exist, interpreters play a crucial role — but their role is often misunderstood.
Clients are frequently asked by law firms or by registry staff to arrange an interpreter to interpret a statutory declaration, affidavit, or other sworn statement. The interpreter may also be asked to sign a document confirming that the contents were accurately interpreted.
However, the format of any affidavit or declaration is determined by the relevant court or tribunal, not by the interpreter.
This article explains who is responsible for what — especially for self-represented parties — and highlights common pitfalls that can delay or jeopardise your case.
If You Have a Lawyer
If you have engaged a solicitor or barrister:
- Your lawyer will usually prepare the affidavit
- They will choose the correct form for the relevant court or tribunal
- They will arrange witnessing requirements
- They will advise whether an interpreter’s statement or affidavit is required
- They will coordinate exhibits (translated documents, attachments)
In this situation, the interpreter simply performs language services and signs any required interpreter declaration prepared by the lawyer.
If You Do NOT Have Legal Representation (Self-Represented)
If you are representing yourself, you may approach an interpreter or translator directly to assist with documents.
This is where problems commonly arise.
You must be mindful of the following:
1. You must choose the correct affidavit form
Different bodies use different formats:
- Federal Court of Australia
- Federal Circuit and Family Court of Australia
- State courts (e.g., Queensland courts)
- Tribunals (e.g., QCAT, ART, NCAT)
- Administrative proceedings
An interpreter cannot advise which form to use.
Interpreters are not lawyers and are not permitted to provide legal advice.
It is not the interpreter’s job to:
- Determine which court or tribunal you should file in
- Decide what form you should use
- Advise on legal strategy
- Start proceedings on your behalf
Choosing the wrong form can result in your evidence being rejected.
2. You must partially complete the affidavit yourself (if applicable)
If you are the initiating party, important sections typically require your input, such as:
- Case details
- Parties’ names
- Court or tribunal name
- Filing number (if issued)
- Your personal details
- Description of exhibits
An interpreter cannot complete these sections for you.
3. You must state whether you will engage legal representation
This affects:
- How documents are prepared
- Who arranges witnessing
- Whether additional certifications are needed
- How communication with the court occurs
If you later engage a lawyer, they may need to redo documents to meet procedural rules.
4. You must inform the interpreter if witnessing is required
Some documents must be signed before:
- A Justice of the Peace (JP)
- Lawyer
- Commissioner for Declarations
- Notary Public
- Court officer
Interpreters do not automatically act as witnesses.
Tell the interpreter in advance:
- Whether the document must be witnessed
- Who will witness it
- Whether the interpreter must attend the signing
5. If you are self-represented, this should be your final decision
You must clearly inform the interpreter that:
- You are acting on your own behalf
- You will not engage legal representation (unless this changes)
- You accept responsibility for procedural decisions
This protects both you and the interpreter from misunderstandings.
6. The interpreter’s role is limited to language assistance
The interpreter may:
- Interpret the contents orally
- Sight-translate written material
- Confirm that interpretation was accurate
- Sign an interpreter statement or affidavit if required
The interpreter does not verify legal correctness.
Statutory Declarations vs Affidavits — Interpreter Involvement
In Australia:
- Affidavit → Used for court/tribunal proceedings (sworn evidence)
- Statutory declaration → Used for administrative or non-court matters
If an interpreter assists with a statutory declaration:
- The interpreter usually signs a separate declaration or statement
- The authorised witness still signs the main document
- The interpreter does not replace the witness
Translated Documents as Exhibits
If you need documents translated to attach as evidence:
- The court may require certified translations
- A translator may need to provide a certification or affidavit
- You must label exhibits correctly
- You must attach them to the affidavit according to court rules
Again, the interpreter or translator cannot determine filing requirements.
Typical Scenarios — What the Translator or Interpreter Signs
| Situation | Translator/Interpreter signs |
|---|---|
| Court hearing | Oath/affirmation only |
| Witness affidavit interpreted | Statement or certificate |
| Translated evidence | Translator affidavit |
| Statutory declaration assistance | Separate stat dec |
| Administrative matter | Depends on agency |
Practical Tips to Avoid Delays or Rejection
Before booking an interpreter, prepare the following:
- Correct affidavit or declaration form
- Case details (court, tribunal, parties)
- Completed sections requiring your input
- Confirmation of legal representation status
- Witnessing arrangements
- Copies of documents to be interpreted
- Time required for signing
Providing documents in advance greatly improves accuracy and efficiency.
Why This Matters
Incorrectly prepared affidavits or declarations can lead to:
- Evidence being ruled inadmissible
- Adjournments
- Additional costs
- Missed deadlines
- Damage to your credibility
Interpreters are an essential part of access to justice — but they are not substitutes for legal advice.
Final Word
If your matter is complex or high-stakes, consider obtaining at least limited legal advice before preparing sworn documents.
Whether you have a lawyer or are self-represented, understanding each participant’s role ensures your evidence is properly presented — and that your interpreter can assist effectively without overstepping professional boundaries.
Broadlingual Translation 