leonard, issue 3, december-february 2012

Issue THRee / DECEMBER - FEBRUARY 2012

FREEPlease take

a coPy

If you would like to receive Leonard you can subscribe online at leonardjoel.com.au for free digital delivery.If you would like to receive a printed version you can collect a free copy at Leonard Joel.If you’d prefer to be sent Leonard by mail you can subscribe to Leonard for $44 per year for postage and handling.

John Albrecht, Managing DirectorPhone 0413 819 767

Email [email protected]

ART

Briar Williams, Head of Art

Phone 03 8825 5608


Jon Dwyer, Senior Adviser to the Art Department

Phone 0402 751 610


JewelleRy

John D’Agata, Head of Jewellery

Phone + 61 (0) 3 8825 5605


DecoRATIve ARTs AnD DesIgn

Guy Cairnduff, Head of Classic Furniture, Objects

and Design

Phone +61 (0) 3 8825 5611


collecTAbles

Giles Moon, Head of Collectables and Books

Phone + 61(0) 3 8825 5635


books AnD MAnuscRIpTs

Giles Moon, Head of Collectables and Books

Phone + 61(0) 3 8825 5635


pRe–owneD luxuRy

John D’Agata, Head of Jewellery

Phone + 61 (0) 3 8825 5605


THe specIAlIsT collecToR

Guy Cairnduff, Head of The Specialist Collector

Phone +61 (0) 3 8825 5611


THe weekly AucTIon

Shawn Mitchell, Head of Weekly Auctions

Phone + 61 (0) 3 8825 5615


vAluATIon seRvIces

Monique Le Grand

Phone + 61 (0) 3 8825 5620


Leonard Joel Specialists

LEonARD JoEL

Primary Salerooms

333 Malvern Road,

South Yarra, Victoria 3141

Australia

Tel: +61 (0) 3 9826 4333

Fax: +61 (0) 3 9826 4544

BID LIVE AT oUR AUCTIonS on

Subscriptions

Leonard is published 10 times a year by Leonard Joel. If you have any questions regarding Leonard please contact 03 9826 4333

CoverCollectables AuctionSunday 11 December at 12pm

272A rare 19th century Thomas Humber Penny Farthing Bicycle Estimate $6,000 - 8,000

PhotographyRick Merrie

DesignerMaria Rossi

leonardjoel.com.au

FoRewoRD

LEonARD JoEL

Primary Salerooms

333 Malvern Road,

South Yarra, Victoria 3141

Australia

Tel: +61 (0) 3 9826 4333

Fax: +61 (0) 3 9826 4544

BID LIVE AT oUR AUCTIonS on

Two and a half years ago when I took the

reins of Leonard Joel I inherited not only a

grand Melbourne business with an extraor-

dinary history but more importantly a won-

derful group of individuals committed to

completely reinvigorating and re-thinking

the way an auction house could be. It was

my hope that more beautiful viewings and

surrounds, elegant catalogues, new ways of

communicating with our clients and mean-

ingful participation with our community

would resonate with you and we believe it

has. But without you; our clients and our

friends we recognize that this could not have

been possible. So firstly and most impor-

tantly, on behalf of Leonard Joel I would like

to personally thank you for your custom and

your support over this extraordinary year for

us in 2011.

This year we were pleased to be able to

expand our category depth and provide you

with Modern Design, Photography, Pre-

Owned Luxury and Specialist Collector

departments to cater to your evolving buy-

ing and selling habits. Our Specialist Collec-

tor department was also an exciting rebirth

for us of our long history of managing the

dispersal of important single-owner col-

lections. But this year we became not just

an auction house with a different business

model and way of doings things. More impor-

tantly perhaps we became a business with a

soul when we decided to partner with Arts

Project Australia for at least four years and

bring our facilities, people and expertise to

their wonderful organization that nurtures

the artistic talents of 140 intellectually disa-

bled individual- within a caring environment

and world class studio facilities in Northcote

these artists create, exhibit and sell their

works to clients all over the world (on pages

8 to 9 you can read more about this emerging

art genre).

For the best part of a few hundred years auc-

tion houses have largely overlooked the fact

that they are retailers with clients that want

a simplified, more transparent and more

interesting “collecting” experience and one

that reflects their changing tastes. At Leon-

ard Joel we recognize this and in 2012 we

are committed to continuing the process

of improving and reviewing the Leonard

Joel experience to ensure that our business

remains relevant and exciting for you. Next

year we will focus even more heavily on

the customer and how we can simplify and

enhance their engagement with our auction

house – digital technology, simplifying how

we transact with our clients and further cat-

egories will be at the heart of our 2012 cal-

endar. On page 20 you can read a short piece

on the conditions of business of an auction

house that aims to distill the key elements to

consider for anyone considering selling at an

auction. To my knowledge it is the first effort

by an auction house anywhere to turn a baf-

fling document in to a simple and straightfor-

ward read. This sort of thing you will see a

lot more of in 2012 as Leonard Joel continues

its goal of becoming a modern-day auction

house with the most genuine customer focus.

On behalf of Leonard Joel I would like to

thank you again for your custom and support

in 2011 and invite you to our annual “Little

Party in the Garden” under the pear trees of

Leonard Joel on Thursday December 15th

from 4pm where my team and I can person-

ally thank you and share a drink to toast the

2011 year. If you can’t make it to our end of

year party can I take this opportunity to wish

you and your loved ones a happy and healthy

summer and exciting 2012.

thankyouJohn ALBREChT, MAnAGInG DIRECToR LEonARD JoEL

1 DEC - FEBleonard

conTenTs

DECEMBER - FEBRUARY ContEnts

CALEnDAR 3

nEWS 4

ART InVESTIGATIon 6

DECEMBER PREVIEW 7

oUTSIDER ART 8

ART 10

ART PREVIEW 11

JEWELLERy 12

CLASSIC oBJECTS AnD FURnITURE 14

JAPAnESE ART 15

CoLLECTABLES 16

ThE WEEkLy 18

PhoToGRAPhy 19

AUCTIon ADVICE 20

ART BUSInESS 21

GET LEonARD ALL ThE TIME

SUBSCRIBE

With more specialist categories and auctions than any auction house of its kind

in Australia, Leonard is the simplest way to remain abreast of all forthcoming

auctions, important sales results, events and auction news. With expert contribu-

tors from all fields of collecting Leonard will be an indispensable tool for both

the seasoned auction-goer and the new collector alike. Leonard is available

both free at Leonard Joel and online or can be subscribed to for an annual fee

of $44 inc GST (postage & handling). Visit us online at www.leonardjoel.com.au

or for subscription information contact [email protected].

FRoM SInGLE ITEMS To CoLLECTIonSIf you have a single item or collection you

wish to sell, the Leonard Joel team of spe-

cialists can guide you through the entire val-

uation and auction process. We can provide

you with experts across all collecting fields,

no less than thirteen categories of auction to

select from and the most expansive calendar

of catalogue auctions in Australia. Leon-

ard Joel specialists conduct insurance and

market valuations for the entire spectrum

of clients - private collectors, corporations,

museums, fiduciaries and government enti-

ties are advised by our valuers and special-

ists on a daily basis.

TAILoRED TRUST AnD ESTATE SERVICESLeonard Joel has a long and distinguished

history of assisting both trust companies and

executors with the dispersal of important

collections. We provide fiduciaries (lawyers,

trust officers, accountants and executors)

with a complete suite of services to manage

accurately and successfully the dispersal

of large and small estates. Our services are

specially designed to aid in the appraisal

and dispersal of fine art, antiques, jewel-

lery, objet d’art, collectables, books & manu-

scripts and general household contents.

thinking of Selling?

Our specialists are now sourcing single items and collections for the following categories:

AUSTRALIAn AnD InTERnATIonAL ART

FInE JEWELLERy AnD WRISTWATChES

PRE-oWnED LUxURy

CLASSIC oBJECTS AnD FURnITURE

MoDERn DESIGn

SInGLE oWnER CoLLECTIonS

CoLLECTABLE ToyS AnD SPoRTInG MEMoRABILIA

MILITARIA

BookS AnD MAnUSCRIPTS

MELBoURnE STREET ART

Three bats and a bird on a wire Original work by award winning street artist and muralist Fintan MageeBangs Street, Prahran Photo taken by John Albrecht 8.20am 20th November 2011

2 leonardDEC - FEB

FoRthCoMing AUCtions

The Weekly Auction Every Thursday in 2011 – 10am333 Malvern Road, South Yarra, Melbourne, Victoria

Fine Jewellery AuctionSunday 4th December 2011 – 12pm333 Malvern Road, South Yarra, Melbourne, Victoria

The Sunday Fine Art Auction Sunday 4th December 2011 – 2pm 333 Malvern Road, South Yarra, Melbourne, Victoria

Pre-owned Luxury Auction Sunday 4th December 2011 – 3pm 333 Malvern Road, South Yarra, Melbourne, Victoria

The Special Weekly Jewellery Auction Thursday 8th December 2011 – 10.30am 333 Malvern Road, South Yarra, Melbourne, Victoria

The Specialist Print Auction Thursday 8th December 2011 – 11.30am 333 Malvern Road, South Yarra, Melbourne,

natural history Auction Thursday 8th December 2011 – 12pm 333 Malvern Road, South Yarra, Melbourne, Victoria

The Vintage Clothing Auction Thursday 8th December 2011 – 1pm 333 Malvern Road, South Yarra, Melbourne,

Collectables Auction Sunday 11th December 2011 – 12pm 333 Malvern Road, South Yarra, Melbourne, Victoria

The Christmas Auction Featuring a Collection of Danish Furniture Tuesday 20th December 2011 – 6.30pm 333 Malvern Road, South Yarra, Melbourne, Victoria

2012 Weekly Auctions Begin 19th January 2012 – 10am 333 Malvern Road, South Yarra, Melbourne, Victoria

cAlenDAR

Leonard Joel is a proud supporter of Arts Project Australia

Auctions and viewing times are subject to change.

Wei Dong (Chinese) Born 1968Spring OutingSOLD $12,000 (IBP)

3 DEC - FEBleonard

ReCoRD PRiCe foR QantaS MeDal gRoUP

news

Important WW1 DFC, DCM Group Of Eight Awarded To Flying Ace And Qantas Co-Founder Lieutenant Paul Joseph McGinnessSold $252,000 (IBP)

CARLO BUGATTI (1856-1940)PEDESTAL, CIRCA 1900 SOLD FOR $11,400 IBP

BUGATTI AT AUCTIon

AFTER kEEn InTEREST FRoM InSTITUTIonAL, CoRPoRATE AnD PRIVATE CoLLECToRS ThIS MEDAL GRoUP REALISED ThE hIGhEST PRICE FoR A GRoUP oF AUSTRALIAn MEDALS oUTSIDE ThE VICToRIA CRoSS MEDAL SERIES.

nEW CoLLECToR nIGhTS AT LEonARD JoEL In 2012Immensely popular in the United Kingdom, Leonard Joel are pleased to be offer-

ing information nights for new clients or for those simply interested in the auc-

tion world. Specifically developed for private clients that may not be familiar with

buying and selling at auction, Giles Moon, Head of Collectables and John Albrecht,

Managing Director will provide guests with a simple and interesting overview

of the auction world. Sessions will be informal and limited to twenty places.

Date: First Wednesday of every month commencing

February 2012

Venue: Leonard Joel

333 Malvern Road, South Yarra, Victoria 3141

Time: 6.30 – 7.30pm

Bookings: Monique Le Grand (03) 8825 5620 or email

[email protected]

The work of Carlo Bugatti rarely reaches

auction so well held is it by connoisseurs

who have not tired of the revolutionary

designs and aesthetic that he introduced

to the decorative arts. An architect by

profession, Carlo never applied his creativ-

ity to buildings and concentrated on his

unique talent for combining post-Victorian

design and atypical materials to most

categories of object and design. Carlo was

the father of Ettore Bugatti (1881 – 1947),

the famous car manufacturer and Rem-

brandt Bugatti (1885 – 1916), the sculptor.

4 leonardDEC - FEB

JewelleryIncluding important signed jewellery, collectable wristwatches, Australian jewellery and pre-owned luxury

ArtIncluding important Australian and international art Photography and Sculpture

Classic Furniture and objectsIncluding modern design and single-owner collections

CollectablesIncluding toys, sporting memorabilia and militaria

alWaYS ConSigning

news

A highlight of the November monthly Toy sale was a tinplate toy Ferrari almost as

well equipped as the real thing! This Japanese battery operated 1960s example

featured forward and reverse gears and working headlights and sounding horn.

JAPAnESE CooL

ChInESE SCREEn ExCEEDS ESTIMATE TWELVE-FoLD

Japanese Bandai Battery Operated Tinplate Ferrari, 29cm longSold $384 (IBP)

A SUPERB CHINESE EMBROIDERED SILk PANELQing Dynasty, 19th centuryThe panel embroidered with a detailed scene depicting birdlife, including pheasants, cockerels, turkeys, herons and falcons in a fine satin stitch on a silk ground, within a pierced rosewood sur-round, mounted on a fretwork stretcher base with carved fo dog finials and legs, (small area of spotting to one corner of the silk ground), 190 x 115cm. Sold for $36,000

5 DEC - FEBleonard

a SMallPaintingSigneDmanet

ART InvesTIgATIon

Legend has it that swallowing a live goldfish

was a prerequisite for membership of the

International Goldfish Club, conceived by

zealous art collector Major Harold de Vahl

Rubin. I found this useless titbit of infor-

mation, amongst others, deep in the digi-

tal recesses of the Web whilst researching

the provenance of a small oil sketch once

owned by the late Rubin. It was then I real-

ised that this authentication wasn’t going

to be straight-forward. Someone as eccen-

tric as Rubin is probably not likely to have

undertaken anything as pedestrian as good

record-keeping.

The painting, bearing the inscription Manet,

was inherited by a client of mine and he

remembers, as a teenager, his father pur-

chasing it from Rubin’s son. After too many

years wondering whether it really was by

the same artist whose work fetched $33 mil-

lion at a London auction, John arranged for

me to examine it more closely. To do this,

I needed to delve into three areas - prove-

nance (history of ownership), connoisseur-

ship (whether it ‘looks’ right), and forensics

(material evidence). The Wildenstein Insti-

tute, publisher of Manet’s catalogue raisonne

and notorious for its difficult modus oper-

andi, offered its authoritative services. But

to justify the Institute’s considerable fees, it

first needed to have the very distinct possi-

bility of being a Manet. There was a lot of

ground to cover before I’d even contemplate

despatching it to Paris.

The striking lack of a paper trail is curious

for an artwork that makes such a tantalis-

ing claim. But Rubin’s collecting began in

earnest in the aftermath of WWII, amongst

the adminstrative chaos resulting from the

wholesale loss of documentation proving

rightful ownership of families’ ancestral

homes and treasured inheritances. And as a

commercial art dealer in early post-war Lon-

don, he had ample opportunity to acquire

artwork outside the auction houses where

purchase details were dutifully recorded.

By the 1960s, Australia’s art market was

booming, partly due to Rubin’s enthusiastic

involvement, and opportunistic art fraud-

sters were at large.

The young age of Australia’s art libraries

means that their research collections typi-

cally date only from their respective incep-

tion in the second half of last century. Many

days spent trawling library collections in

Melbourne, Canberra, and Brisbane yielded

only a few ragged press clippings and a cura-

tor’s typewritten list that indicate the paint-

ing was included in a Queensland Art Gallery

exhibition. Agonisingly, one of the cuttings

refer to a Monet which may, or may not, be

a typo. Chasing shadowy clues down rabbit

holes of countless online art history resouces

also yielded little.

I was troubled by the inscription from the

get-go. Its upright singular lettering con-

trasts abruptly with the sloping cursive typi-

cal of 19th century French script. When I

compared it with inscriptions of Edouard

Manet’s many securely provenanced works,

it’s not even remotely close. However, this

doesn’t automatically discount its authen-

ticity. Perhaps the work left Manet’s studio

unsigned, a preparatory study maybe, and

an early owner added Manet’s name in good

faith. Anything’s possible. But the examina-

tion of Manet’s preparatory studies are trick-

ier, for their execution differ significantly

from his final works intended for exhibition

or sale, and are poorly documented. How-

ever, the few preparatory studies included

in his monograph are considerably more

economic in their composition. Fortunately,

most artists are creatures of habit in numer-

ous tell-tale areas. The subject’s shadowed

profile and her physical extent across the

canvas, the covered board, and the primer’s

colour have no precedent in Manet’s oeuvre.

The brushwork’s loose and generous fluid

application, giving an impression of spon-

taneity, is also dissimilar to Manet’s charac-

teristically short dry dragged stroke. And,

perhaps more problematically, the subject

appears dressed in Edwardian fashion, rather

than that of Manet’s earlier Victorian era.

Scientific analysis detects things that the

human eye cannot. In the laboratory, I deli-

cately excised two miniscule paint samples,

not much bigger than this comma, and analy-

sis by scanning electron microscopy con-

firmed that the blue and white pigments are

consistent with Manet’s palette but also the

palettes of most other painters of the 19th

century and later. Under infrared light, the

troublesome inscription is barely discernible,

supporting my suspicion that it may have

been added later.

And so the need to be subjected to the indig-

nities of the Wildenstein Institute did not

eventuate. While there’s sufficient evidence

to indicate that the painting is not by Manet,

it isn’t necessarily a fake either. Possibly just

a case of mistaken identity by a wishful pre-

vious owner or perhaps a last laugh by the

joker Rubin. Yet regardless of who the art-

ist is or isn’t, the painting’s fresh and simple

charm remains.

Kate Ferguson

¡authentikate!

To enquire about ¡authentikate! services,

please email [email protected]

By anton assaad

6 leonardDEC - FEB

DECEMBER ART PREVIEW - AnIMALIA

DeceMbeR pRevIew

213WILLIAM hEnRy hUGGInS (BRITISh, 1820-1884) Rhinoceros oil on board signed indistinctly lower left titled indistinctly verso 21 x 18cm Estimate $3,000-5,000

212WILLIAM hEnRy hUGGInS (BRITISh, 1820-1884) Elephant 1838 oil on board signed and dated ‘W. Huggins 1838’ lower left 21 x 18cm Estimate $4,000-6,000

7 DEC - FEBleonard

ouTsIDeR ART

oUtSiDeR aRt

What is Outsider Art?

The development of the awareness of forms

of creative expression that exist outside

accepted cultural norms, or the realm of “fine

art”, began with the researches of psychia-

trists early in the century.

The work of Dr Morganthaler documented

his patient Adolf Wolfli, a genius who pro-

duced countless thousands of works from a

small cell in his Swiss asylum. Dr Hans Prin-

zhorn collected thousands of works by psy-

chiatric patients and his book “Bildernerei

der Geisteskranken” (Artistry of the Men-

tally Ill), published in 1922 became an influ-

ential work amongst Surrealist and other art-

ists of the time.

One artist who was particularly affected by

the works Prinzhorn presented was Jean

Dubuffet. Together with others, including

Andre Breton, he formed the Compagnie de

l’Art Brut in 1948 and strove to seek out and

collect works of extreme individuality and

inventiveness by creators who were not only

untrained artists but often had little concept

of an art gallery or even any other forms of art

other than their own.

Dubuffet’s concept of Art Brut, or Raw Art,

was of works that were in their “raw” state,

uncooked by cultural and artistic influences.

He built up a vast collection of thousands

of works, works which bore no relation to

developments in contemporary art and yet

were the innovative and powerful expres-

sions of a wide range individuals from a vari-

ety of backgrounds.

Dubuffet’s great collection was eventually

granted a permanent home by the city of

Lausanne and the Collection de l’Art Brut

is now one of the most powerful and over-

whelming art museums to be found any-

where in the world.

A parallel development to the awareness of

paintings, drawings and sculptures which

fell into the sphere of Art Brut, was the dis-

covery of environmental creations by a simi-

lar range of people.

One of the most famous of these, the Palais

Ideal, built by the postman Cheval, received

much attention from the Surrealists who

admired his ability to realise his dream in this

incredible structure, the product of thirty

years of devoted toil.

In Los Angeles, the extraordinary Watts

Towers, the product of a similar commit-

ment by an Italian immigrant worker, Simon

Rodia, became the first step in the realisation

of a vast number of environments to be found

right across North America.

Today the increased awareness of all these

forms of expression has led to a network of

small organisations in both Europe and the

United States devoted to the preservation of

such works and the support of their creators.

Similar collections to the one in Lausanne

have been established in many countries and

exhibitions of different aspects of the phe-

nonema are a regular occurence. The diverse

influence of all these forms is now appar-

ent in the work of an increasing number of

“trained “ artists who have turned their back

on changing trends and fashions to try and

form a truly singular reality for themselves.

Michel Thevoz, Curator of the Collection

de l’Art Brut in Lausanne has written the

following:”Art Brut”, or “outsider art”, con-

sists of works produced by people who for

various reasons have not been culturally

indoctrinated or socially conditioned. They

are all kinds of dwellers on the fringes of

society. Working outside fine art “system”

(schools, galleries, museums and so on),

these people have produced, from the depths

of their own personalities and for themselves

and no one else, works of outstanding origi-

nality in concept, subject and techniques.

They are works which owe nothing to tradi-

tion or fashion. A firm distinction should be

made between “art brut” and what is known

as “naif art”. The naif or primitive painters

remain within the mainstream of painting

proper, even if they fail ingenuously to prac-

tise its style. However, they accept its sub-

jects, technique (generally oils) and even its

values, because they hope for public, if not

official recognition.

“Art brut” artists, on the other hand, make up

their own techniques, often with new means

and materials and they create their works for

their own use, as a kind of private theatre.

They choose subjects which are often enig-

matic and they do not care about the good

opinion of others, even keeping their work

secret.

The article reproduced here is generously provided by the magazine Raw Vision, the International Journal of Outsider Art.

WhAT IS oUTSIDER ART?Outsider Art is a term loosely used to describe art produced by art makers “outside” the

accepted mainstream. It was coined by Englishman Roger Cardinal in 1972 to embrace

Jean Dubuffet’s concept of Art Brut. And while it is in common usage in Europe and

North America, it is a term less familiar to Australian audiences.

In 2014 Arts Project Australia will present an International Outsider Art Conference in

Melbourne as part of a program commemorating its 40th anniversary. In association

with the conference, a series of exhibitions of Outsider Art from Australia and overseas

will be presented in Melbourne.

The article reproduced here is generously provided by the magazine Raw Vision, the

International Journal of Outsider Art.

Jonah Jones

President

Arts Project Australia

1

8 leonardDEC - FEB

FeATuRe

1ChRISToPhER MASon Not Titled (seated nude woman)ceramic 20 x 28 x 30cm

2LEo CUSSEn Crocodile Dundee, 2009 pastel on paper 56 x 38cmPrivate Collection, Melbourne

3PAUL hoDGES Not Titled (woman wearing black blouse), 2009 gouache and ink on paper 29 x 19cmPrivate Collection, South Australia

4JULIAn MARTIn Not Titled (blue form ob brown), 2010 pastel on paper 81 x 60.5cmPrivate Collection, Melbourne

5ALVARo ALVAREZ Not Titled (figure in suit), 2005 ink on paper 33 x 25cm

3

2

4 5

9 DEC - FEBleonard

ART

In ThE oCToBER SUnDAy ART SALE ThREE IMPoRTAnT WoRkS By IVoR hELE WERE oFFERED FoR ThE

FIRST TIME AT AUCTIon. ThE oIL PAInTInGS WERE PART oF ThE DR G. J. SMIBERT ESTATE ThAT LEonARD

JoEL WAS EnTRUSTED WITh ThE SALE oF. ALL ThREE WoRkS ATTRACTED EnoRMoUS InTEREST AnD

LoT 41 TITLED ThE CIRCUS SET ThE SEConD hIGhEST AUCTIon PRICE EVER, SELLInG FoR $43,200

now consigning for the March sunday fine art auction

IvoR Hele (1912-1993) The Circus, oil on board, 60 x 90cm, Sold $43,200 (IBP)

the SoUth aUStRalian ivoR hele

10 leonardDEC - FEB

ART – pRevIew

AuctionSunday 4 December 2011, 2pm

PreviewWednesday 30 November 2011 9am – 8pmThursday 1 December 2011 9am – 5pmFriday 2 December 2011 9am – 5pmSaturday 3 December 2011 10am – 5pmSunday 4 December 2011 Limited Viewing

DeCeMBeR aRt Sale

Auction Sunday 4 December at 2pmELAInE hAxTon (1909-1999) Harlequin oil on board, 85 x 49.5cm Estimate $5,000 - 7,000

John GLoVER (1767 -1849)

IMPoRTAnT CoLonIAL WoRk SECURED FoR MARCh 2012 ART SALE

Consigned for March Sunday Fine Art Sale 2012

John GLoVER (1767-1849)Leathe’s Water, Skiddaw and Saddleback in Distanceoil on canvas, 75.5 x 111cmPROVENANCEThe kurt Albrecht Collection, MelbournePrivate Collection MelbourneEstimate $70,000 - $90,000

John Glover’s passion for the English Lake

District was such that he visited it many

times between 1793 and 1824. In about 1818

he settled at Blawick Farm on Ullswater

near Patterdale. Furthermore, when he and

his family moved to Van Diemen’s Land in

1831, he named his property Patterdale after

the village in the Lakes district. Oil paint-

ings, watercolours and numerous sketches

bear rich witness to this interest. Notable

examples included the watercolour Bridge

at Buttermore, c.1806, in the collection

of Victoria and Albert Museum, London;

and the oils (Landscape near Ullswa-

ter), c.1820, National Gallery of Australia;

Ullswater, early Morning, c.1824, Art Gal-

lery of New South Wales; and Goldrill Beck

and Place Fell near Ullswater, c.1827, in the

collection of Jeffrey Archer. The lakes and

rugged mountains of this part of Cumbria

had long fascinated poets, painters and

writers. Thomas Gainsborough painted

there in 1783, as well as Francis Towne and

J.M.W. Turner, John Constable toured the

Lake District in 1806; and the celebrated

Hevellyn, the third highest peak in Britain,

inspired William Wordsworth to write:

Inmate of a mountain dwelling,

Thou hast clomb aloft, and glazed

From the watch-towers of Helvellyn:

Awed, delighted, and amazed!

The views were inspiring if not breath-

taking, as seen in Glover’s Leathe’s Water.

Viewed from the south, Raven Crag rises

on the western side of Leathe’s Water, to

the east the mighty Helvellyn, with mounts

Skiddaw and Saddleback in the distance.

All is bathed in the soft, golden light of late

afternoon. The picturesque was in vogue as

artists and connoisseurs delighted in the

magnificence of the mountain landscape

with its touches of the sublime, the rug-

ged wilds contrasted with the orderliness

of the pastoral scene. Glover captures this

superbly, the supreme clarity and high fin-

ish of his paintings enabling the viewer to

discern the insignificance of the human

endeavour amid the might and beauty

of nature - a concept made so popular by

the Romantics. A boatman piles the still

waters, sheep graze on the grassy slope,

and surrounded by trees nearby is what

appears to be Dalehead Hall, the ancestral

home of the Leath family since the time of

Elizabeth I. Dubbed the ‘English Claude’.

Glover imbued his paintings with a mood

of classical order and calm, expressing the

nobility of nature found in the grand moun-

tain ranges of this painting, or the pastoral

fields of England. His ability to observe and

record accurately within the idiosyncrasies

of his style is seen throughout this painting.

Significantly, the dark serpentine trunks

and branches of the foreground trees are

harbingers of his sinuous trees of Van Die-

man’s Land.

David Thomas

11 DEC - FEBleonard

JewelleRy

that’S not a DiaMonD- that’S a swimming Pool

143An impressive diamond ringEstimate $140,000 - 180,000

AuctionSunday 4 December 2011, 12pm

PreviewWednesday 30 November 2011 9am – 8pmThursday 1 December 2011 10am – 4pmFriday 2 December 2011 10am – 4pm

Saturday 3 December 2011 10am – 5pmSunday 4 December 2011 Limited Viewing 10am – 11am

When John D’Agata, Head of Jewellery and John Albrecht, Managing Director were offered this important brilliant cut diamond for auction it reminded them of a fun story from Sydney when Kozminsky was exhibiting with Martyn Cook Antiques. John Albrecht: “We were showing a very vivacious client a very large diamond at the time and she commented ‘that’s not a diamond, it’s a bloody swimming pool’. I asked her if what she meant was that she could buy a swimming pool instead for the same money and she explained that wasn’t what she meant. She simply meant that she thought it was so big she could dive in to it!” With international prices for large diamonds continuing to rise, this impressive diamond ring pictured below is rare to the market. Its centre stone weighs 5.20 carats and is accompanied by a detailed gemmological certificate.

12 leonardDEC - FEB

now consigning jewellery, watches and Pre owned luxury for March 2012

JewelleRy

DeCeMBeR JeWelleRY anD Pol aUCtionS

25AN ART DECO COMPACT BY TIFFANY & CO Estimate $1,400 - 1,600

380A PLEATED STEAM BAG BY LOUIS VUITTON Estimate $4,000 - $6,000

JaCoBSmeets vUitton

109AN ANTIQUE FAVRE LEUBA JUMP HOUR POCkET WATCH Estimate $2,000 - 3,000

On Sunday December 4th Leonard Joel conducts its last major catalogue jewel-

lery and pre-owned luxury auction before Christmas. Almost 400 lots of period and

contemporary precious stone jewellery, collectable wrist and pocket watches and

designer leather goods will be offered for public auction. The houses of Cartier, Tif-

fany & Co, Patek Philippe, Rolex, Bulgari, Van Cleef & Arpels, Vacheron Constantin,

Georg Jensen, Hermes, Yves Saint Laurent, Prada, Chanel and Gucci are all repre-

sented in this auction and can often be acquired for a fraction of their retail prices. An

interesting highlight in this auction is a large collection of black diamond jewellery.

13 DEC - FEBleonard

clAssIc obJecTs AnD FuRnITuRe

ClaSSiC objects anD fURnitURe

2011 has been a watershed year for the Leon-

ard Joel Decorative Arts and Design depart-

ment, with over 1,900 items sold to Australian

and overseas collectors. The addition of The

Specialist Collector department has brought

to market single owner auctions such as The

Clendinnen Collection, The Graham Geddes

Warehouse Auction and The Kazari Reloca-

tion Auction, while the mid-year stand alone

Modern Design auction, the only auction of

its type in Victoria, provided a select offering

of Australian and international design to an

enthusiastic audience.

The attraction of collectors to fine quality

objects across both traditional and modern

categories has been borne out throughout the

year and the Leonard Joel decorative arts and

design specialists look forward to sourcing

objects of beauty and quality for our clients in

2012.

guy cairnduff, head of decorative arts and design

WARREN MCCARTHUR (1885-1961)AN EASY CHAIR, DESIGN ORIGINATED 1930Sold August 2011 for $2,400 (IBP)

A PATINATED BRONZE AND IVORY FIGURE OF A GOLFERSIGNED F. (FERDINAND) PREISSSold November 2011 for $23,400 (IBP)

A THOMAS WEBB CAMEO GLASS SWAN SCENT BOTTLE 19TH CENTURYSold November 2011 for $14,400

AN ENGLISH GILT METAL MOUNTED SCARLET TORTOISESHELL CASED BRACkET CLOCkSIGNED JOHN TAYLOR, LONDON, CIRCA 1780Sold November 2011 for $16,800

IB kOFORD-LARSEN (BORN 1921)A ROSEWOOD SIDEBOARDSold August 2011 for $13,200 (IBP)

14 leonardDEC - FEB

JApAnese ART

netSUkeThe survival of the Ephrussi netsuke collec-

tion as the leitmotif of one man’s discovery

and retelling of his family history has cap-

tivated millions. Edmund de Waal’s ‘The

Hare with Amber Eyes’ has rekindled inter-

est in the Japanese netsuke, but it provides

scant information on the nature of netsuke:

Japanese and part of the fad of Japonisme

in 19th century Paris; able to be purchased

in large quantities; significant enough to be

displayed in a special vitrine; fascinating to

the Ephrussi children in their mother’s bou-

doir, but perhaps not important enough to be

on display with the Ephrussi art collection;

small enough to be smuggled and hidden

from the Nazis.

The Japanese netsuke has been regarded in

the West as a significant art object and focus

for serious collecting activity since the 19th

century. Dedicated clubs, societies and jour-

nals abound in the West, and more recently

in Japan. Reference material in English out-

weighs that on any other subject of Japanese

art, yet much confusion and lack of knowl-

edge remains.

The netsuke is a perfect example of the

fusion of art and function. It evolved from the

lack of pockets in the traditional Japanese

dress, the kimono. In order to be able to carry

objects about the person, a suspended pouch

– or variation thereof (sagemono) – was

devised. This pouch was strung with cord,

had a round bead, which moved up and down

the cord to fasten it (ojime) and a toggle by

which it was suspended from the belt (obi).

This toggle was the netsuke (pronounced

nets-kay the last ‘ay’ short). The word ‘net-

suke’ is a compound of two characters ‘ne’

(根) and ‘tsuke’ (付)- ‘ne’ meaning ‘root’ and

‘tsuke’ the stem form of the verb ‘to attach’.

The late eighteenth/early nineteenth cen-

tury is what may be called The Golden Age

of netsuke. The Tokugawa had stabilized

Japan: Samurai, no longer militarily engaged,

became patrons of the arts and gentlemen

of leisure. At the same time, the merchants,

bottom of a legislated class structure, had

increased greatly in wealth and power and

were vying for social and cultural status.

Netsuke-shi, as the carvers were called, were

recognized and patronized, certain artists

and styles enjoying waves of popularity. Net-

suke were collected as functional accessories

to the inro rather than as art pieces in their

own right until major collections of netsuke

were amassed in the late nineteenth and

throughout the twentieth century – mostly

by Western collectors.

Earlier in 2010, it was suggested that “the

market for Japanese art, which experienced

an extended lull after the bubble of the Japa-

nese economy burst in the early 1990s, is now

demonstrably back on track” (artfixdaily.

com) This has been further supported by

recent international sales records reaching

astounding heights and achieving a world

record price for netsuke of £265,000.

As an art form, the netsuke has continued into

modern times and has captured the creative

interest of Western artists. Internationally

recognized netsuke artists, Susan Wraight

and Leigh Sloggett live in Melbourne. Susan

is the recipient of the inaugural Golden

Dragon Award for contemporary netsuke,

and both artists have work in leading inter-

national museums and the collection of HIH

Princess Takamado.

For further information, please contact

Lesley Kehoe Galleries, 9671-4311

www.kehoe.com.au

Herald of Spring Sea Eagle

Seated Tiger

15 DEC - FEBleonard

collecTAbles

GILES Moon hEAD oF CoLLECTABLES InVITES John ChERRy,

ExPERT SILVERSMITh To DISCUSS ThIS UnIqUE SILVER TRoPhy

the CoRoWa CUP

275A FINE LATE 19TH CENTURY AUSTRALIAN SILVER EQUESTRIAN TROPHY ATTRIBUTED TO EDWARD FISCHER LATER INSCRIBED FOR THE COROWA CUP, 1952Estimate $8,000 - $12,000

7. Examining the base of this trophy speaks reams about

the maker, their training and ability to execute fine work.

This trophy has been made by a master who understands

traditional hand construction techniques, shown here by

the classic heavy base “wire” silver soldered to the flared

base section. By looking for a vertical line on the inside of

this section will inform as to whether it is “raised” in one

piece from a flat sheet, or “seamed” by way of constructing

the base from a development, like a tailor would cut out a

pattern to make a sleeve. The fine, even hammer marks are

real so the sign of a master Silversmith

4. If the plinth on which the trophy is presented appears

to be original, what is it made from? Many Victorian silver-

smiths, especially William Edwards, used polished Black-

wood as plinth material; where as in South Australia (where

good timber was scarce) Pine or other wood that was “ebon-

ised” was often used. This is also a pointer to its origin.

2. Even though this piece is not individually stamped with

a makers mark, (which was not uncommon with stock items

produced during this period), but only with a quality stamp,

detective work on the stamp itself will enable a keen eye

to make comparisons and deductions by cross referencing

with similar stylistic examples. My own experience tells me

three Master Silversmith’s names.

• EdwardFischer–Geelong

• J.M.Wendt–Adelaide

• HenrySteiner–Adelaide

Stylistically, I would favour the first name, Edward Fischer.

3. By looking at the overall quality of construction already

discussed, as well as observing the appropriate gauge (thick-

ness) of metal used, to create strength and “good weight”,

one can also determine the abilities of the maker. If too little

metal is used then weaknesses where the components join

become a problem. Always examine the junction between

the body and foot of a piece, or where a spout or handle meet

the body. If there is buckling or a poor fit at these points

then this could be an underlying manufacturing fault which

could influence its longevity and need for repairs. This tro-

phy is of high quality.

1. Reading John Hawkin’s books on Australian silver will

tell you that all the great craftsmen worked in collaboration,

both in Victoria and South Australia and one would assume

the other States also! Examination of modelled parts of

Australiana, be it Kangaroos, Emus, Echidnas, Cockatoos,

Snakes, etc. will also give many clues to its maker as they all

had their own styles, but also used craftsmen outside their

own domain for this specialised skill. Not unlike winemak-

ers in this current era. The horse finial that is on the lid of

the trophy has a story of its own …. So the sleuths need to do

their research!

6. In well-made European and English silver all joints

are “silver soldered”, using a solder alloy that matches the

standard of the silver construction. This involves quite high

temperatures and great skill - don’t forget that a charcoal

hearth with bellows (powered by the Apprentice!) were the

tools of the day, or later, “town gas” torches with forced air.

Consequently if clean, sharp solder joints are seen on an

antique item of silver, then this also bears witness to the skill

of the maker, not only in making a solder alloy that flows

well, but also in the execution of the process itself. Examine

the solder joints on some Georgian silver …… rough as! On

this trophy, all joints are clean and neat.

5. The engraving of the Racing scene on one side of the

cup is stylistically naïve in nature, typically reminiscent of

the early to mid 19th century, easily comparable with other

works of this period. This also figures in the “stock item”

theory. An item made to sit in the display case waiting for a

buyer, the blank side remaining un-engraved for maybe 75

years or so. The “1952 Corowa Cup” engraving style does not

match the racing scene and under a magnifying lens the dif-

ferent cutting styles of the engravers would be apparent.

Article by John Cherry

Silversmith, Goldsmith & Jeweller

Service Provider for AAADA

Trained and worked in the U.K prior

to coming to Australia

Over 35 years experience

“First impressions are always significant. I immediately identified this tro-

phy as Australiana as I have over the last 30 years or more worked on count-

less Australian pieces. Name-dropper? Why not! Wendt, Steiner, Brunkhorst,

Schomburgk, Firnhaber, Basse, Fischer, Mole, Quist, Edwards and many

other makers, jewellers too! I know them well and their work speaks to me.

I won’t start on the European makers ….. Australia is an incredibly rich

source of International objects D’art, it reflects our rich cultural diversity ….”

John Cherry

16 leonardDEC - FEB

In 1964, “Beatlemania” had swept the globe.

Sales of the Fab Four’s albums and singles had

broken all records. Even in the U.S.A. where

few British bands succeeded, The Beatles at

one point monopolised the top 4 positions of

the U.S. singles chart with “She Loves You”,

“Twist And Shout”, “I Want To Hold Your

Hand” and “Please Please Me”.

In April of that year The Beatles were pre-

paring for their first (and only) tour of Aus-

tralia. A press reception was held for them at

Australia House in London. The event took

place on 22 April and was hosted by the High

Commissioner to Australia the Right Hon-

ourable Sir Eric Harrison. 700 guests and

reporters packed Australia House, eager to

meet the group, much to the consternation of

Sir Eric who was heard to exclaim “There has

never been a reception quite like this in Aus-

tralia House and I hope there will never be

another one. I guess I am what you would call

a square but those photographers were just

too much. They climbed all over the chairs

and then when we went inside a closed office

they were thrusting their cameras through

the windows and rapping on the glass ...”

One of the attendees was John Mcdonald,

Private Secretary to the Australian High

Commissioner. Mcdonald’s 16 year old

daughter Gillian was a huge Beatles fan but

her father disapproved and would not allow

her to attend the event. Rather suspiciously,

when her father produced his invitation for

inspection there was a letter attached stating

that under no circumstances would daugh-

ters of employees be allowed to attend the

party! However, although Gillian was not

able to meet the Beatles in person, her father

asked them to sign his invitation which he

gave to his daughter.

The autographs are expected to realise

$10,000-15,000.

A SET oF BEATLES AUToGRAPhS WITh FASCInATInG PRoVEnAnCE WILL BE oFFERED In ThE FoRThCoMInG CoLLECTABLES AUCTIon on 11 DECEMBER

collecTAbles

ThE PRIVATE SECRETARy AnD ThE BEATLES

17 DEC - FEBleonard

theWeeklY

The Weekly Auction – Viewing Wednesdays 9am to 8pm / Auction Thurdays 10am / View online at leonardjoel.com.au

THe weekly

On Tuesday evening December 20th at 6.30pm and just four shopping days before Christmas, Leonard Joel will conduct its first devoted Christmas auction that aims to showcase select items from each of our departments and special collections tailored to the collecting habits of “Christmas shoppers”. We are particularly excited to advise that the auction will include a large collection of Danish furniture never before seen in Australia. This auction will offer a carefully selected range of jewellery, objects, art, collectables and furniture. Please join us at the auction for a glass of champagne and help us make our Christmas auction part of your December shopping habit.

ThE ChRISTMAS AUCTIon

TUESDAy 20 DECEMBER

AT 6.30PM

18 leonardDEC - FEB

pHoTogRApHy

A photograph by Andreas Gursky titled

Rhein II just sold for a record price of

$4,300,000 (USD) – how can a photograph

sell for so much money?

The Andreas Gursky image is a very unusual

image for him. It was taken in 1999, a defin-

ing point in his career. Its pre-auction esti-

mate was $2,500,000 - $3,500,000 (USD) and

it was an edition of only six – four of the six

are already in public galleries and will never

re-sold; those galleries include MOMA, the

Tate and others. Gursky had been planning

and thinking about this photo for 18 months

and that included what elements of the

image would be removed and what would

be included. Would I have put that price on

it? No. Is it worth it? Two people obviously

thought so. I think there are better photos in

the world.

When did photography evolve from a func-

tional hobby in to a recognised art form?

The beginning of the 20th century.

What was so significant about that discov-

ery of Ansel Adams plates in a garage sale

in the USA?

The Ansel Adams plates were made between

1919 and the early 1930’s, very early in his

career. They were thought to have been lost in

a fire in 1937. They show how his style devel-

oped into one of the most famous landscape

photographers of the 20th century.

How can a buyer be sure that a photogra-

pher will not turn an edition of say 10 in to

an edition of 1000 and render the purchase

much less valuable?

If a photographer extended an edition he

would ruin his own market so usually sensi-

ble art practice will dictate that this will not

happen.

What should someone pay for an unlimited

edition photograph?

Whatever they are willing to spend, as long as

they are not expecting it to rise in value. Do

not expect an “open edition” photograph to

increase in value until after the photographer

dies.

If there were ten photographers that I sim-

ply must collect who would they be?

Well it all depends on your budget and taste

but if you were wanting to cover off interna-

tional contemporary, vintage and Australian

then you will need an unlimited budget. I

don’t have 10 for you but my photographers

would be Man Ray, Richard Avedon, Edward

Weston, Max Dupain, Edward Steichen,

Alfred Stieglitz, Ansel Adams and Frantisek

Drtikol.

To buy a quality work by any of these photog-

raphers would cost $30,000 and if you want an

important vintage print you will need at least

$150,000. You can still buy important 1970’s

Max Dupain photographs for $12,000 or for

a vintage Dupain you will need $35,000. Max

Dupain is the ONLY Australian photographer

I am ever asked about by the overseas photo-

graphic dealers and I believe Max Dupain is

seriously undervalued in the Australian mar-

ket place.

What is the difference between a vintage

print and a modern print?

A vintage print is a print printed within five

years of the photograph being executed.

Do photographs have different condition

or covservation issues to other mediums?

All photographs should be kept away from

direct sunlight and moist air. If a photograph

loses five (5) per cent of its toning and contrast

it loses 50 per cent of its value. If it loses ten

(10) per cent it loses 90 per cent of its value!

Is there any pattern or theme to the value

of subject matter? For instance, do nudes

tend to be more valuable than landscapes

or urban scenes or interiors?

There is only one nude in the top ten most

expensive photographs ever sold and it was

taken by Alfred Stieglitz. I personally believe

nudes are the purest form in photography.

Why should a photograph that takes a

moment to snap be worth as much as an

oil painting that takes hours or days to

execute?

$4,300,000 (USD) is not a lot of money for

the world’s most expensive photograph when

you consider that the world’s most expensive

painting is around $150,000,000 (USD) and

when compared to sculpture where there can

also be multiple editions, the highest price for

a photograph is not outrageous. For instance,

someone such as Giacommetti can sell for

over $100,000,000 (USD).

What is your favourite image and who is it

by?

Kiki and Mask by Man Ray held by the

National Gallery of Victoria (NGV). I first saw

this image when the NGV opened in 1974 and

have loved it ever since.

Philip Kulpa

SOURCE PHOTOGRAPHICA

www.sourcephotographica.com.au

the MaRket foR PhotogRaPhYJohn ALBREChT DISCUSSES PhoToGRAPhy WITh PhILIP kULPA oF SoURCE PhoToGRAPhICA

Mark Seliger (born 1959) USAGiselle in HeaddressC-type photograph mounted to aluminium and glassSigned and editioned verso 1/1068cm x 89cm$15,000 (inc GST)

19 DEC - FEBleonard

AucTIon ADvIce

Every time I provide a client with a contract

of sale it is accompanied by our Conditions

of Business and it is the standard exchange

around the world between auctioneer and

seller but too often a lack of explanation

between agent and seller and the terms that

govern their relationship create unnecessary

angst. To avoid these situations, I generally

try to indicate to my clients key points that

they should be mindful of and usually end

that discussion with my light-hearted sug-

gestion that the four or so pages will make

“great bedtime reading” – not! I usually get a

small acknowledgment from my client of the

humour in the statement.

But jokes aside, this contract between seller

and agent is a complex one that is a unique

and evolving blend of common and con-

tract law, legislation, a few hundred years

of, mainly English, auction-centric thinking

(with little concern for the client in my opin-

ion) and some local adaptations along the

way.

Occasionally I’m required to re-read ours

and while the overall task is torturous (I must

remind myself what it must be like for the

client) on my last read I committed myself

to extracting the “pearls” that will be truly

helpful in informing the seller of what they

should consider when contracting with an

auction house. Below I identify what I con-

sider to be the seven most common points of

contention between seller and auctioneers.

While conditions of business vary from auc-

tioneer to auctioneer you can be reasonably

confident that, wording aside, these items

our universal in “auction land”. It does not

purport to be a definitive summary but it is

designed to highlight and explain items that

can cause unnecessary angst and confusion

for the seller and hopefully assist them when

dealing with an auction house.

Discussing these items with your auctioneer

and understanding them will simplify your

auction experience and hopefully make it

more enjoyable.

Things for the seller to think about ranked in

order of significance:

1. If a seller decides to withdraw from sale

before the auction or raise already agreed

reserve prices and depending on what stage

the auction house is at in terms of cataloguing

and marketing the item, fees will be charged

and calculated with reference to the antici-

pated sale value of the item. In my experi-

ence this item seems to be the most challeng-

ing for both seller and auctioneer but my rule

of thumb is that if both parties are reasonable

a fair outcome can always be negotiated.

2. An auction house does not settle with

the seller until it has received cleared funds

from the buyer and if the buyer reneges on

their purchase, both the auction house and

the seller must work together on whether to

pursue settlement.

3. If the seller is aware that his or her item

has been restored, has been altered in any

manner or may be a forgery the auctioneer

should be advised of this. This avoids later

detection of this after sale and the messy

task of seeking a return of proceeds from the

seller and a refund to the unwitting buyer.

4. In certain circumstances the removal of

images from their frames or surrounds or the

dismantling of objects for detailed inspec-

tion is sometimes necessary and as long as

no damage is caused the auction house is

authorised to undertake such activity.

5. The estimated selling range provided by

the auction house is an indication only of the

anticipated selling price and is not the mini-

mum price at which an item can be sold. The

reserve price agreed between the parties is

the price at which the item can be sold.

6. The auction house usually has an exclu-

sive agency to sell the item for 28 days after

the nominated auction date and while most

auction houses will allow collection of items

immediately after sale, they do have the right

to hold the item for post-auction sale, usually

only if they have a very interested party.

7. Sellers can have obligations under the

Resale Royalty for Visual Artists Act 2009.

Ask your auctioneer what these obligations

are but in short, they relate to simply advis-

ing the auctioneer when the item was bought

or acquired.

John Albrecht, Managing Director and Head

of Corporate and Private Collections

a ConDi ionof businessin this article john alBrecht distills and siMPlifies the key eleMents of the conditions of Business that sellers at auction need to know

20 leonardDEC - FEB

Should artists be subject to censorship?

The widely-held view within the fine arts is

that artists should not be subject to the same

sorts of classifications that apply to film,

music and advertising because:

• ‘artisticmerit’ exists as an implicit free-

dom of creation for the artist; and

• audiencesviewingfineartexhibitionsare

a small niche group with a level of knowledge

and education who know what they’re look-

ing at.

But the controversy generated by the work

of one high-profile artist in 2008 brought

into stark relief the differences in attitude

between fine art audiences and the general

population and has resulted in a Federal Sen-

ate enquiry examining whether works of art

should be subject to the National Classifica-

tion Scheme (NCS).

The artist in question is of course Bill Hen-

son. In the three years since his Sydney

exhibition was closed prior to opening by

the NSW police, Henson has become a light-

ning rod for the Australian tabloids which

have discerned a more sinister motive lying

beneath the surface of his otherwise (to fine

arts audiences) evocative and sublime photo-

graphic works.

Since that time the artist has not been

accorded the title of artist by these newspa-

pers. He is a “photographer”, as though Hen-

son is no more important a person to anyone

else standing behind the lens. This appears

to be a deliberate strategy to strip away the

accomplishments of Henson’s distinguished

career by the papers in question but it also

seems to reflect suspicions held by broader

Australian society towards the arts, particu-

larly in the fields of photography and new

media. This was most famously echoed in

then Prime Minister Kevin Rudd’s descrip-

tion of Bill Henson’s work as “absolutely

revolting” in 2008 and the questioning of his

artistic merit.

In June this year the Senate Committee

tabled its “Report on the Review of the

National Classification Scheme: achieving

the right balance”. In the terms of reference

were listed 15 specific concerns, including:

“application of the NCS to works of art and

the role of artistic merit in classification

decisions”.

The Committee found: “’artistic merit’

remains a defence to child pornography and

child abuse material offences in many states,

meaning that sexualised images of naked

children can be exhibited in public galleries

under the guise of ‘art’”.

Fine art audiences would be aghast at the

above finding; however it does reflect three

common misconceptions:

1. Art is never required to be classified

2. ‘Artistic merit’ is the predominant factor

taken into consideration when classifying

material submitted for classification

3. ‘Artistic merit’ is an excuse for child

pornography

The fact is that art is not “never required to

be classified” - rather art is rarely classified

– because the majority of artworks would

not cause sufficient offence to make them

‘submittable publications’. The Classifica-

tion Board rating of Bill Henson’s artworks

in 2008 as PG indicated that they were not

‘submittable publications’ under the Act and

there was no need for them to be classified.

However because of the negative reaction

from the public it was deemed necessary to

submit the work for classification in order to

prove it was not offensive.

A trend of self-regulation has also emerged

with many public galleries now provid-

ing information about their exhibitions for

the purpose of allowing audiences to make

informed choices about what they are about

to view. Unlike public advertising audiences

can avoid viewing ‘offensive artworks’ by

simply not entering that exhibition space.

‘Artistic merit’ is not the most salient factor

in deciding classification; rather its existence

may tip the balance with high impact works

(generally films) that are borderline between

Refused Classification (RC) and R18+ in

determining whether to ban them altogether

or to allow publication on a restricted basis.

For example the film Salo was given an R18+

and allowed a limited release while Ken Park

was given an RC rating and was not allowed

to be shown in Australia.

Finally, the Commonwealth Criminal Code

Act 1995 does not provide for a defence of

artistic merit for child pornography, however

the jurisdictions of Victoria, Queensland and

WA do. As a criminal law defence ‘artistic

merit’ only comes into play if the police or

Director of Public Prosecutions believes an

offence has been committed. In Australia the

only time in recent history when the artistic

merit defence was raised in relation to a child

pornography charge, the defence failed.

According to the Arts Law Centre of Australia

(ALCA) the purpose of classification is pri-

marily to enable adults to make an informed

choice as to what they want to see, hear and

read, and what to allow their children to have

access to. It should not be used as a means to

censor material that is otherwise legal.

I can only agree with the view of ALCA

that not only do the creative arts provide an

important means of expressing a wide vari-

ety of opinions and beliefs vital to the articu-

lation of public or social debate, but the arts

also assist Australians to develop a culture

which reflects and documents the society in

which we live.

The final report and recommendations of

the review into the NCS are due to be deliv-

ered to the Attorney-General by the end of

January.

ART busIness

Michael Fox is a qualified accountant and

professional fine art valuer who successfully

ran the Save Super Art campaign to prevent

the prohibition of artworks from self-managed

superannuation funds (SMSFs). He is a member

of the Leonard Joel Valuation Panel and is

engaged exclusively by Leonard Joel to provide

advice to their clients in relation to artwork

investment in SMSFs. He may be contacted at

[email protected].

aRtBUSineSS

“SInCE 2008 ThE ARTS InDUSTRy hAS BEEn DISPRoPoRTIonATELy TARGETED In RELATIon To CEnSoRShIP AnD CLASSIFICATIon ISSUES….IT IS CLEAR ThAT ThIS hAS hAD A ChILLInG EFFECT on ThE ARTS WITh SoME ARTISTS ChooSInG To AVoID ConTRoVERSIAL ThEMES.”ExTRACT FROM THE ARTS LAW CENTRE OF AUSTRALIA’S SUBMISSION TO THE NATIONAL CLASSIFICATION REVIEW, JULY 2011.

By Michael fox

21 DEC - FEBleonard

Subscribe at leonardjoel.com.au

look oUt foR the maRcH iSSUe.

leonard, issue 3, december-february 2012

Documents