If you can't be bothered to troll through a Family Court judgement (I don't blame you, but I like this legal argy-bargy stuff) here's what really happened. In a nutshell:
There is no mention of the couple being ordered to return to India, rather the judge ordered that the application for the birth order and other proceedings in Australia be translated and served on the surrogate mother in India. The surrogate mother made two sworn affidavits consenting to the orders.
The Judge made some noise about the original contract and the affidavits being written in English and signed with a thumb print, with no proof the surrogate had anything translated into her native language. Fair enough, we require our judges to be diligent, but in my experience surrogates are not "illiterate", in the main they don't speak English as a first language (why should they?) but they are certainly not illiterate in their own language. Contracts are written in Hindi and legal teams in India go through each contract with surrogates in Hindi. Thumb prints are a legally reognised form of signature in India, but giving a thumb print does not mean the surrogate cannot write her own name or sign in Hindi, or prove that she is illiterate in her native tongue.