STORIES ABOUT THE ARCHIBALD


  • Wednesday, September 22, 2004
    NORA HEYSEN - THE FIRST FEMALE WINNER

    Nora Heysen became the first woman to win the Archibald Prize in 1938. The portrait, of socialite Elink Schuurman was widely criticized as not representing a person 'distinguished in Art, Letters, Science or Politics' which was Archibald's preference, although not an absolute requirement.

    Max Meldrum who was to win in 1939 and 1940 made the insensitive and arrogant statement about Heysen that "If I were a woman, I would certainly prefer raising a healthy family to a career in art. Women are more closely attached to the physical things of life. They are not to blame. They cannot help it, and to expect them to do some things equally as well as men is sheer lunacy."

    I am unable to discover any recorded statements by Meldrum as to his opinion of Heysen's artwork (a far more beautiful painting than either of Meldrum's stodgy winners). Perhaps he was so inundated with expressions of gratitude from female artists realising the error of their ways that he didn't have time to go have a look.

    Heysen died only recently. Barry Pearce, curator of Australian Art at the AGNSW said "She was a true philosopher of painting. For her painting was about an exploration of the world, not about being famous or being hung in museums. To paint a flower was like a prayer."

    My, how times change.

    posted by Challenge Team @ 10:10 AM1 comment

  • ARTIST TALES: FIRE AND BLISTERS AND GI's

    The Archibald Prize has always been larger than life, and has attracted larger than life artists and situations. Another post on this page tells the story of one painting that spent time at the bottom of the sea (Secrets Of Archibald Records). Other years have produced no less remarkable stories. Like 1934 for example:

    That year Henry Hanke won with a self portrait. The press soon discovered that Hanke was so poor he couldn't afford to buy paint and instead made his own from hardware pigments. That is, when he could paint. He worked in the markets and mixed concrete in his struggle with hardship. One story that made the rounds was of Henry painting his own hands, while covered in blisters from making concrete.

    While William Dargie might not have struggled quite so much as he painted for the Archibald, he never-the-less had to deal with difficulties, from a painting being sunk by enemy fire to a real fire at his studio. In 1945 he was painting Lt-General The Hon Edmund Herring, K.B.C., D.S.O., M.C., E.D. when fire broke out in his buiding. He apparently ran into Collins Street with the half finished painting in his hands. Talk about getting your priorities right!

    Despite risking his life for the work he never got to keep the picture. At the time Dargie was still an official war artist, and after the Archibald win the picture was deemed the property of the Australian War Memorial where it can be seen today.

    Even the famous Dobell portrait of Joshua Smith has a little known, but interesting story attached to it. Not only was it caricatured as a portrait of Hitler with the same distortions as Joshua Smith, a syndicate of American servicemen tried to raise enough money to buy the painting. Their aim it appears was to present the work to the Museum Of Modern Art in New York! Had they succeeded perhaps the picture might never been damaged in the fire that eventually ruined the masterpiece. That was one Archibald entry that couldn't be rescued from the fire, even by GI's.

  • Saturday, December 04, 2004

    THE WINNER THAT ALMOST WASN'T

    Is it possible to avoid stories about the Archibald Prize that don't point up the worst in gender based bigotry? Even the following story of one of the very best of Archibald winners is tainted by a malicious tongue.

    The painting in question is the 1948 winner, Dobell's portrait of his friend and fellow artist, Margaret Olley. Recent opinion, and the fairest of the day would agree with Anna Waldmann when she described it as "an outstanding opulent and vigorous painting." Hanging in the Art Gallery of New South Wales it is a long time favourite of many gallery visitors and regulars and demonstrates a facility with the brush that is extraordinary, comparable with the work of great artists from any place and any time.

    However, appreciation at the time was far from universal, most famously in the case of one J.S. MacDonald who very cruelly, and very publicly, commented: "what public is it that wants to look forever at a fat, dress-bursting woman, unhealthily obese from wrong or over-feeding? But for her clothes, she would melt, ooze away, collapse and spread." It is mind boggling to think that such attitudes exist and are printed as acceptable comment. That they pretend to be legitimate art criticism is plain offensive.

    The challenge team thinks that Margaret Olley is not only one of Australia's greatest artists and a worthy successor to Dobell, but is a beautiful human being, and in the case of Dobell's portrait, stunningly portrayed. So go stick it, MacDonald!

    Few people realise that the painting only came to compete in the Archibald because of the influence of another of Dobell's friends, Sali Herman. The picture had actually been painted several years earlier, in Dobell's Kings Cross studio, which he vacated some time around 1943. The story goes that Dobell was never happy with the work and that years later when Sali Herman was visiting Dobell's Wangi studio, the subject turned to the Archibald. Dobell did not intend to enter that year, not having painted anyone for it. Herman remembered the Olley portrait, which apparently he liked. Dobell dug it out of the pile, decided that he would make some changes. Famously the pictures final glazes were still wet when he submitted the work at the last moment, and as they say, the rest is history.

    This raises an interesting point. The recently introduced prize condition disallowing the submission of wet paintings would have eliminated the entry of the Dobell portrait, a winner that might be argued to be an example of the sort of excellence that Archibald sought to nurture with his prize. That point would be merely moot except for the precedents from past legal advice particularly in 1929 and 1940 which were that " any such restrictions would limit the artists freedom by excluding a number of portraits for reasons not mentioned in the original will." This refered to attempts by the Trustees to introduce conditions restricting size and, strangely, copying.

    It is possible that more than one of the current conditions set in recent years by the Trustees are challengable in regard to the intent of Archibald's will. And so they should be, after all, we don't want to see any work eligible under the bequest conditions unfairly excluded in the same way that we don't want ineligible works stealing the prize.

  • Wednesday, October 06, 2004

    SECRETS OF ARCHIBALD RECORDS

    The Archibld Prize has produced many records, bless it's dear little heart. One 20 year period in the 1940's and 50's outdid itself itself however.

    For a start there was the painting that swam! Still the only winner of a major art prize in Australia that has spent time on the bottom of the sea was Dargie's 1942 winner (of war hero Corporal Jim Gordon). The picture was on a ship sailing for Australia when it was sunk. Remarkably the painting survived the ordeal and was rescued despite great dangers, after-all, the symbolism involved in the visage of a national icon being exhibited to the fish was too much for war scarred Australia. By the time it reached the Trustees judging desk it was the most famous picture in the land, and a cert to win the prize.

    The corporals capturor was none other than William Dargie. Some would argue that Dargs was one of the less exciting portraitests the world has seen, but the Trustees thought otherwise, giving the gong a record 8 times to the consistent war artist. Actually he holds another, maybe more significant record. He holds the record for the most letters after the names of subjects. Even the Corporal had V.C. after his name and Lt General The Hon Edmund Herring had K.B.C., D.S.O., M.C., E.D. (won 1945). All in all Dargie had 24 letters after the names of his sitters.

    Not to be outdone, or so he thought, Ivor Hele produced winners with 19 letters (21 if you include the ESQ at the end of Robert Campbells name) (won 1955)Hele won 5 times, so that is actually the record for the highest average number of letters per painting.

    No wonder the rest of the pack struggled to win! Not a single letter after a name amongst them. Dobell against the odds did manage 3 winners (1943, 1948 and 1959) but the remaining 4 years of the 20 were won by artists destined to be1 time winners for that period. Someone should have told them - the secret was to put letters after the sitters names.

    Thank you to Anna for the fun Archibald stats. We'll try to bring you more as time goes by. The Archibald should never be too serious.

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    Website of an artwork by local artist, Tony Johansen, the first cross-media Archibald Prize entry.
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    Paintings, sculpture, poetry, and photography, of a Kings Cross artist.
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    Official website for the new musical by Stannard & Hatherley, based on the life of Kings Cross identity Rose Shaw.
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    A special idea for a quality bride's hens night: a real figure drawing class in a local art school.
  • TapGallery.org.au
    Tap Gallery, and its heroine, Lesley Dimmick has hosted exhibitions, performance and theatre for thousands of emerging artists over the last 16 years.
  • RealRefuses.com
    Called the 'Democratic Archibald' the exhibition hosts rejected work from the Archibald Prize. This is the official website.
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ARCHIBALD STATCOUNTER

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WELCOME TO THE NEW SITE

Hello friends, supporters and art lovers. As you can see the Archibald Prize Challenge site is settling well into it's new home. There is a lot more than just a lick of paint and new Tyre's on this baby. There's a new organisation that comes with the colourful look, along with the best of the previous sites.

There are snappy new postings explaining all the back ground to the case. A new Latest News feature that remains in the same place just below this  Welcome message. There you will find the latest from the courts. And throughout you will find the best of the postings from our other blogs interspersed with new postings.  You will find that  the comments links on those old postings actually take you  back to the original sites to read the comments as people  left them.

We have consolidated material from 3 blogs: ArchibaldPrizeChallenge.blogspot.com,  Archibald FAQ.blogspot and  Archibald Prize.blogspot. None of which have been updated since Christmas. The exhaustion that resulted from last years intensity, plus plain old needs for survival slowed us down anyway, but with the preparations for this years Archibald and the exhibition aftermath (which is still going on) this intended move took far longer than any one would have expected. Looking around the wait has been worth it.

The material from previous blogs has led to some dates being out of kilter. Please forgive us for that. We blame artistic necessity.

Look for Jaqi's excellent essay which explains why the challenge road was taken far more eloquently than I ever could. Thanks Jaqi.

Latest News Stop Press Latest News Stop Press Latest News

We have been in Court very briefly most months for more than a year now. Even though it is all as slow as treacle flowing, it has been fascinating watching the case unfold. It appears that the hearing will be the intellectual debate that the issue deserves.

We were in Court very briefly thursday 14th July to ask for an extension while we finalise the expert investigation of the Ruddy drawing. The picture has been interstate for several months, and we finally tracked it down to a warehouse on the Gold Coast. It's a very well traveled picture now. It is my expectation that the artwork will be returned to Sydney for the hearing when it happens.

COURT NEWS: NOVEMBER 16th
Today the Hearing date has now been allocated. The Archibald Hearing will be heard on 29th and 30th May 2006. Thats an excellent time for it to happen in many ways. It will be after the finish of next years painting, so it won't be distracting at that time. It will be after the judging of next years Prize so shouldn't interfere with that, yet it is likely to be while the Archibald Prize Exhibition is still on and should stimulate debate about the Prize at an appropriate time. And of course it will be good to get it all over and done with so that all concerned can move on.

MARCH 25 2006
Congratulations to Marcus Wills on winning the 2006 Archibald Prize. Also tonight television carried a story on some artists contemplating legal action over one of the entries. Story in post below.

A Very Brief History

The Archibald Prize originated with a charitable bequest endowed by Jules Francois Archibald in 1916. His will stipulates a portrait painted by any artist resident in Australasia, preferably of some one distinguished in Art, Letters, Science or Politics.

It has a litigious history with many of its defining moments in the Courtroom. The most significant of these was the 1943 Dobell case in which artists challenged the winner on the grounds that it was a caricature rather than a portrait, and less famous but possibly more importantly, the Bloomfield case, in which the Art Gallery Trustees took an artist to court when they found he had not painted the portrait from life. Their position  appeared to be that in the interests of fairness and their legal obligations under the terms of the bequest the matter required Court action.

Each year the entry form is headed by an invitation by the Art Gallery of New South Wales trust to artists to 'submit paintings in competition for the Archibald Prize'. They then quote the words of Archibald in which he mentions 'painted' and then they quote from the Bloomfield case judgement and state that 'For the purposes of this Prize, the Trustees apply the definition of a portrait as determined in the judgement of 1983: "a picture of a person painted from life".'

The 2004 Archibald Prize was won by a beautiful portrait that unfortunately in the opinion of many is a drawing, not a painting. Tony Johansen, one of the competitors sought legal advice from 3 separate sources, all of which advised that the winning portrait appeared to breach the terms of the bequest, in not being a painting. Subsequently, he took an action in the Supreme Court of New South Wales to have the decision overturned, and to ensure that the terms and conditions of the Archibald Bequest be adhered to.

His position has been that in the interests of fairness, the Art Gallery of New South Wales Trustees need to be held to the same standard of accountability that was enforced in the Court by them in the Bloomfield case, and that Archibald's bequest should be adhered to, as previous Trustees have argued in the past.

Thanks To Andrew

This site was started by Andrew who wrote that "this site is dedicated to truth in art." Contributions come from Tony, Jaqi, and a wide range of contributers including the very prolific Anonymous. We are artists, musicians, performers, business people, in fact we are a cross section of real life people who share an interest in promoting excellence in the arts and furthering the ideals embodied in the will of J.F. Archibald. Original blogs may be submitted via the 'Email Me' link on this page. Every effort will be made to publish in original form, however, long or offensive blogs will be edited at the discretion of the moderator.

Introducing Tony

ArchibaldtonyTony Johansen is a Kings Cross artist who has been a competitor in the Archibald Prize each year since 1997. Nine years ago he founded the Real Refusés, aka the Democratic Archibald which each year gives opportunity to those rejected by both the official Archibald Prize and the official Salon des Refusés to exhibit their work and celebrate being part of Australia's largest and most prestigious art event.

Tony's artistic passions are well known. He is a strong advocate for the needs and rights of emerging artists. In 1999 he became the founding president of the Kings Cross Arts Guild and Director in its formative years of the Kings Cross Arts Festival.

His studio in William Street is a popular bohemian venue for debate, learning, and figure drawing, painting, and sculpture. He has a Lautrec-like reputation for drawing and painting in Kings Cross bars.

Tony's work, over recent years is increasingly involving a digital expression. His 2005 Archibald Prize entry became the first to include an on-line component, and now that the Archibald Prize exhibition has finished, his entry, GoFigure.net.au continues to receive significant Internet traffic which shows no sign of diminishing. Interestingly the highest proportion of that traffic comes from the United States.

Tony now signs his work TonyJohansen.com. His goal is the greater integration of traditional arts with the Internet for creative reasons as well as the liberation of artists from the current restrictive establishment gallery system.

The $35,000 Bequestion

Should the judging panel of a rich, high profile art prize be allowed to blithely disregard entry rules they have aggressively defended in the past? Obviously not, one would think; but should they be allowed to get away with it if the result is a win for the portrait of a highly-regarded Aboriginal elder?

On Tony Johansen's terms, the answer is still no, and he has a point. While the indigenous community is unarguably under-represented in the Establishment art scene and the Archibald Prize Trustees' token gesture may be populist, it clearly isn't fair. It isn't fair to those entrants who restricted themselves to the rules, it isn't fair to those artists who refrain from entering the Archibald because they believe their work doesn't fit the rules, and it isn't fair to John Bloomfield, who won the prize in 1975 and whom the Board of the time sued for return of the prize money when they learned he had broken the rules by painting from a photograph. Bloomfield might have thought it was acceptable rule-bending; the Trustees didn't, and the Court supported them. Ever since then, the Board has used the definition from Archibald's will which was the point at issue in that case- that the work must be a portrait 'painted from life'- on the entry form.

In other words, it must be a portrait, it must be painted, and it must be from life. Three of the entries accepted for this year's Archibald Prize evidently do not fit one part or another of that description; a fourth entry is arguable. Janet Lawrence, from the judging panel, has admitted that whether or not the winning entry was actually a painting was not discussed in the early rounds of the judging. She further admitted that she wasn't actually present for the final decision, raising questions about just how conscientious the members of the Board are in dispensing the obligations of the Trust.

This is not a debate about giving legitimate space to contemporary art media: there are and always will be other prizes for alternative and emerging media. As artist Margaret Olley (herself the subject of William Dobell's winning entry in 1948) commented, the Gulpilil portrait really would have been better entered in the Dobell Drawing Prize. If you can win the Archibald with a drawing, why bother with an oil? And if a drawing counts as a 'painting', how could you object to a creatively augmented photograph (taken, of course, from life)? What about a collage or a video or a performance piece? What price the thousand year developement of painterly craft- must all our 'painting' prizes go post modern?

What is at issue here is whether the Trustees' extremely elastic interpretation of the word 'painting' is in keeping with either the last wishes of Jules Francois Archibald (1856-1919) or the terms of the legal contract the Art Gallery of New South Wales enters with each and every contestant who completes an entry form, scrapes together the entry fee, and submits awork according to the rules. Lax or sentimental judgement on the Trustees part leading to less-than-scrupulous fidelity to those rules - and to the terms of Archibald's bequest - is both illegal and immoral.

Of course, the political delicacy of protesting the awarding of the prize to a portrait of so admirable, under appreciated and easily romanticised a figure as David Gulpilil has put many otherwise fair-minded folk off the trail here, but Tony Johansen is having none of it. At the risk of painting him as a flat-footed, shit-stirring idealist tramping in where angels fear to tread, Johansen's political naivety may actually be instrumental in preserving the noble old art of portrait painting. In what lawyers are calling a land mark case for bequest law 'throughout the entire British world', Johansen is applying to the equity division of the Supreme Court for a declaration directing the Trustees to obey the terms of Archibalds bequest. Beside dividing the local art world, the case will be watched closely from overseas where similar issues have been raised over recent judgements in the Turner Prize among others.

Of course, Johansen is anxious not to see a fellow artist disadvantaged in the process and believes winner Craig Ruddy should be allowed to keep the prize money. And if he's not,says Johansen with a customary twinkle in his eye,'we'd support Craig Ruddy in any effort to exact compensation from the Board.'

Court cases cost money and, like most artists Johansen hasn't a bean. But he's learning some fast lessons in fundraising, and the campaign to raise the necessaries kicked off with a party at the Taxi Club in June which was by all accounts a raging success. This essay was written to explain why it is that contributions and and other help is necessary in order to fight the battle for integrity in the art world. And why the fight is necessary in the first place. Offers can be made directly to the Challenge Team at archibaldchallenge@hotmail.com Any and all help will be greatly appreciated by a passionate but poor challenge team

ARCHIBALD AND THE FRENCH CONNECTION

Benefactor, and patron of the arts, Jules François Archibald loved all things French. So much so, that he changed his name. That's right folks, exotic sounding Jules was born as a far more Anglo-Saxon John Feltham, and changed his name as a young man.

Besides wine, food and art, our illustrious francophile was profoundly influenced by French revolutionary ideals of liberty, egalitarianism, and fraternity. Perhaps this goes a long way to explaining why The Bulletin, under his leadership in the 1890's nurtured artistic and poetic talents like Henry Lawson and Norman Lindsay. The Bulletin was also known as a strong advocate for social justice, and fought for an independent Australia, free from the British establishment.

It also seems Archibalds appointment as a Trustee was part of a strategy of a reforming Labour Government lead by William Arthur Holman. It appears Archibald was a spearhead of the encouragement of Australian art in an otherwise Euro-centric board who prefered to entrust a lions share of major purchases for the Gallery to their 'London Agents'.

What delicious irony, the champion of Australian Art had a French name. And when he left his great fountain to the citizens of Sydney, he ensured it would be made by a French sculptor and would commemorate Australian/French military co-operation.

When it came to his great bequest however, there was nothing French about it. His Archibald Prize was intended to encourage artists working in Australia only. It was a continuation of his work as a Trustee where all his committee activities involved the perpetuation and nurturing of Australian culture.

Jules François Archibald was and remains a great Australian to whom all Australian artists owe a debt of gratitude. We feel certain his spirit will forgive us raising a glass of Australian wine in toast to a lifetime dedicated to us. Thanks, JFA.

posted by Challenge Team @ 11:48 AM2 comments

A Monolithic Win

Surprise greeted the announcement today of the 2006 Archibald Prize winner. All the so-called smart money was on other and better known choices. Congratulations Marcus Wills for a well deserved win.

His painting in which he presents the viewer with 29 separate portraits of sculptor Paul Juraszek, reaches back in time to the world of Netherlandish and Germanic painters of the extraordinary, in this case Marcus Gheerearts but it is hard not to be reminded of Bosch and Brueghel as well.

Some commenrtators have likened the work to 20th century surrealists as if it might derive from them, but it seems to me that the work is more of a reflection of having a common ancestor with the surrealists, than so much resulting from their work. The rediscovery of such artists as Arcimboldo provided a large part of the inspiration for the surrealists as they sought new ways to describe the dream world.

Marcus Wills must feel that he is in some kind of Surrealist dreamworld right now, we wish him well as he deals with it all.

News Reports Of More Legal Action

I have heard the news report on one television station overnight of legal action being contemplated by some artists unhappy with the selection process at the 2006 Archibald Prize regarding one of the paintings in the exhibition they claim as not being a portrait. They are not referring to the winner, but to another entry. It may well be the case also that the words were spoken in the heat of the moment and that the thoughts of legal action may evaporate with passing time. Even if that were the case it is worth examining the issues raised.

I should point out here that I have not spoken to or otherwise been in contact with these artists and do not even recall the name that was mentioned in the news report. This is a spontaneous reaction of those artists and in no way connected with the Supreme Court challenge over the 2004 Archibald Prize.

I can understand the frustration these artists feel at the selection process from time to time. The Art Gallery Of New South Wales describes the paintings in the annual Archibald Prize exhibition as finalists, and so there is an understandable presumption on the part of the public that the works selected would each be chosen because of both their excellence and eligibility for the prize, and so the public may well expect that the Trustees had considered whether each complied with the terms of the will of the late J F Archibald.

It would appear doubtful that the work in question would in fact satisfy those conditions, that is that it is a portrait in the sense that Archibald intended. While there are many artists with a vested interest in the changing of the conditions of the bequest, the fact that it is a charitable bequest is protected in law and the Trustees have an obligation to discharge their duty according to the will of J F Archibald.

It is unfortunate that the Prize is brought into disrepute in this way. Each year I enter with a work that is both worthy of selection, and yet also complies with the conditions of the Prize. I presume that the judges have integrity and make judging decisions based purely on the artistic qualities of the work and it’s eligibility under the rules. Instances like this one can shake my confidence in this process.

Past winners that are artistically adventurous, and explore the boundaries of portrait painting such as Brett Whiteley’s ‘Art, Life And The Other Thing’ demonstrate that there is plenty of room to both satisfy the needs of modern art and the terms of Archibald’s bequest. This years winner itself is exploratory of the boundaries of portrait painting, yet there is no doubt that it is either a portrait or a painting.

Having said that I am all too aware of the immense difficulties in mounting a legal challenge of this magnitude. I also note that while Archibald’s will does stipulate conditions governing the awarding and exhibiting of the winner, he is silent on the matter of the exhibition of any other entries. It would thus seem that any legal challenge to the inclusion of any artwork in the finalists exhibition apart from the winner, would be very difficult despite the emotion of the moment.

Personally I have mixed feelings in this regard. On the one hand it is not unreasonable to expect all finalists to be works that are eligible to win. Since that descision (of eligibility) is probably the easiest for the Art Gallery Trust to make, there is little reason not to cull works that are ineligible early on.

On the other hand, the inclusion in an exhibition of ineligible works enables a fuller spectrum of contemporary arts practice to be seen, and would serve to encourage more adventurous artists to enter. It also widens the audience for the Archibald to include many in the contemporary artworld who would normally not be interested in a competition for painted portraits in the commonly accepted usage of that term.

Perhaps if the Art Gallery Trust were to apply the term finalist only to those works it deems to be seriously under consideration for the prize and does not apply the term to other works, they could open up the show to even more adventurous works that might on the one hand be artworks well worth exhibiting yet are clearly outside the intent of J F Archibald and his Bequest which they benefit from so much each year. There is an opportunity here for the Art Gallery to be more adventurous than they usually are.

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OUR LEGAL TEAM


  • Dr. Christopher Birch is Senior Counsel for our team. Dr. Birch is Senior Counsel at Sir Garfield Barwick Chambers. Sir Garfield Barwick was the high profile 'silk' in the famous 1943 Dobell Archibald Prize Challenge with Sir Frank Kitto opposing. That case was notable as a "mighty tussle between two brilliant lawyers" (Hon Justice Michael Kirby AC CMG) The current case is also shaping into a remarkable tussle.

  • Malcolm Duncan was the first member of the legal team. It was Malcolm who came to the Art Gallery of New South Wales to examine the portraits in person at the beginning. According to Malcolm the best use for art is probably to cover blemishes on the wall. He has however a great sense of justice and his career is noted for his attention to social issues, and for helping the under dog. He originally came to the law after several years in the army which may explain his tactical and strategic qualities in the court room.

  • Fiona Sinclair-King would no doubt have been surprised to know, as she prepared for the Bar, that one day she would need to become expert in the ins and outs of the Archibald Prize. Since joining the team she has followed not just the thoughts of J. F. Archibald, but also the Ruddy portrait to a warehouse in Queensland, (where it had been placed in storage) so our experts could carefully examine the work for the case.

  • Patrick Moloney has a very keen interest in modern art. His office is adorned with a fine example of a McLean Edwards painting. As solicitor for the Supreme Court action he has laid a strong foundation for the case. his professionalism, integrity and tenacity is second to none, I am thankful he is on our side.

FREQUENTLY ASKED QUESTIONS


  • Thursday, September 23, 2004
    HAVE ANY DRAWINGS BEEN HUNG IN THE ARCHIBALD PRIZE BEFORE?

    Yes, in each of the 1935 and 1967 Archibald Exhibitions there have been drawn portraits. According to the terms of the bequest of J. F. Archibald the Trustees could hang any work they choose for the Archibald exhibition, including artworks that do not comply with Archibald's terms for the winner. This is because Archibald is silent on the subject of an exhibition, except to say that the Trustees may hang the winner.

    What the Trustees cannot do is award the Archibald Prize itself to any artwork that does not comply with the bequest. This is because Archibald specifically states that the WINNING artwork must be both a portrait and painted. By law the words of a charitable bequest cannot easily be changed or disregarded.

    posted by Challenge Team @ 1:47

  • Saturday, November 27, 2004
    DOESN"T THE ART GALLERY ALWAYS WIN?

    As with any institution or person they no doubt would like that to be the case. But, as with the rest of the world, they have experienced a full range of wins and losses. In short: they wish, but lets get real here.

    A very high profile loss was when Gallery Director, Edmund Capon was overheard expressing what was no doubt his honest opinion as to the merits of a certain painting. Chalk up one very expensive defamation loss to an angry artist.

    Naturally, their most famous win was the Dobell case itself. Some artists felt agrieved over the Dobell painting. In the end the Court ruled that it was the plaintiffs who were in the wrong. Not because they didn't like the painting, but because to accept their argument required reinterpreting Archibalds words, and in law that is a big no-no, the words of charitable bequests are protected as if sacred.

    In both the Dobell and Bloomfield cases the AGNSW Trustees were seen by the Court as defenders of Archibalds exact words. In the instances where the trustees tried to change Archibalds intent by introducing arbitrary new rules, as in 1922, 1929, and 1940, the Crown Solicitors of those days argued against the legal action, and in no instance did the Trustees get their way.

    The weight of legal precedent has always been the protection of the original intent of any charitable bequest. Most people would see this as a good thing overall. Where would we be if charitable organisations that benefit from peoples wills were to decide to reinterpret their work? If the Red Cross decided they no longer wanted to do the work that their founder had in mind, there would be public protestors calling for the sacking of the revisionist leadership. Art may not be as important as the lifesaving work of the Red Cross, but the law sees no distinction when it comes to bequests.

    Unfortunately for the Art Gallery Trustees this time around it is very difficult to argue that Ruddy's large drawing fits the express intent of the will of the late J.F. Archibald.

    posted by Challenge Team @ 1:28 AM1 comments Thursday, October 07, 2004

  • Thursday, October 07, 2004
    DON'T YOU THINK THE ARCHIBALD SHOULD CHANGE?

    Over the years it has changed- that is inevitable, and desirable. Other things are at issue here. It should be noted that change is possible under Archibald's will. He left huge leeway. The only things set in concrete were that it has to be a portrait, that it has to be painted, that it has to be done by someone resident in Australasia during the 12 months before the competition. Thats all. Archibald said he PREFERED someone distinguished, and there has always been a presumption that became a legal precedent in 1983 that it be painted from life.

    That very contemporary and very creative portraits can be produced within restricting frameworks is the very story of art itself from the Sistine ceiling to Whiteleys 1978 Archibald winner "Art, Life And The Other Thing" the very best artworks tend to explore the boundaries and definitions of human parameters. The worst possible outcome from the legal challenge would be for the Prize to be reduced to a conservative traditionalist exhibition. Besides that would itself be against the spirit of Archibalds Bequest. He made it plain that his intent was to nurture excellence within Australian portraiture.

    Change then is part of Archibald Prize life. Restricting change never has been part of this court action, rather the problem is two-fold. Firstly there is the matter of law pertaining to charitable bequests. Simply stated it is very difficult to change charitable bequests. Before the law the wishes of the benefactor are extremely important. There is a recognition of a sacred responsibility in regard to the way trusts are discharged. In effect, it is Archibalds money, the true beneficiaries are the artists who win the prize, and the trustees have a legal obligation to adhere to Archibalds will as much as is possible. Secondly, and to some more importantly there is the issue of fairness due to inconsistency. At the top of the Entry form in bold letters the Trustees invite artists to submit paintings, and then repeat it twice. To be very clear they also state at the top of the form that for the purposes of the prize they will apply the definition of a portrait as determined in the 1983 court judgement "a picture of a person painted from life". That court action was a result of the Trustees taking John Bloomfield to court because they believed he had not adhered to Archibalds will. Fairness demands that they apply the same standards to themselves.

    The issue of unfairness is an emotional resonse to the matter. In the courts it is more about the legal protection of charitable bequests. Either way it is a pity that what might be seen as an unwise Prize decision should obscure the appreciation of art.

    posted by Challenge Team @ 1:55 AM2 comments Thursday, September 23, 2004

  • ISN'T MIXED MEDIA ALLOWED?

    The mixed media clause is of recent origin and follows a number of entries that were paintings but that had various media added to some paintings. This is a clause that may need clarification and to be defined in line with the intent of J.F. Archibald now that it has had the unintended consequence of possibly causing Craig Ruddy to believe that his large entry is eligible to win the Archibald Prize.

    In the case where non-painting materials form a small portion of a picture, such as in the Mittelmann winner of a few years ago, it is hard to imagine most fair minded people not agreeing that it is anything other than a painting with a small amount of drawing media on top of it. In the case of the Ruddy work it is hard to imagine most fair minded people not agreeing that it is clearly a drawing. It doesn't matter that some people would like to rewrite dictionaries to fit what they want to read. In the process, the whole question of a mixed media clause comes into question. That is for the court to decide. Certainly in the past the court has taken care to ensure that the express intent of Archibald is paramount.

    Rather than risk the courts striking the clause out, perhaps the AGNSW Trust should take urgent steps to review whether or not the Ruddy work steps over the line of what Archibald intended.

    Curiously, Archibald made no provision for finalists or exhibitions of selected work, so there is no reason in the bequest not to broaden acceptable works for the Archibald exhibition, even to include new media, performance, installation and so on. It is only in the awarding of the prize that Archibald's intent is clear, that it must be a 'portrait...painted...' and it is in the awarding of the prize itself that the Trustees are restricted from awarding it to anything other than a painting, painted from life. And so it has been until now.

  • WOULD YOU SETTLE?

    Nothing would be simpler than if the AGNSW Trust announced they were reviewing the 2004 judgement in light of the question: is it a painting or is it a drawing? Then relooking at Archibalds words, and, incidentally their own words in the entry form.

    If it's a case of simply wanting the definition of painting to include works that are drawings then I suggest a visit to the dictionary, and then taking that up with messers Webster, Oxford et al. Desire to reinvent the meanings of words does not make it so. Afterall there is a reason there are two different words in question here. It is because they refer to different kinds of artworks.

    It is difficult to imagine any objective look at the question (as to whether or not the work fits both the words of Archibald or the Trusts own invitation to artists to submit paintings), could come to any conclusion other than to re-evaluate the eligibility of the Ruddy work as a legitimate winner.

    If the Trust were to take this course there would be very little reason to pursue the Supreme Court action and large amounts of legal fees could be saved as well.

  • ARE YOU AFTER MONEY?

    Many people have asked the question what is in this for me? Implying that the point would be monetary reward. Sorry to dissapoint, however, idealism and a sense of injustice have nothing to do with money.

    All we seek is a declaration from the court that the Trustees of the Art Gallery of New South Wales judge the prize in accordance with the will of J.F. Archibald. If anyone gets monetary compensation out of this it should be Craig Ruddy, for inconveniences caused by the Trustees decision. Personal gain has never been my goal with the Archibald Challenge.

    Ultimately, it is hoped, the big winners will be all Australian portrait painters due to consistant judging standards according to Archibald's intent.

MYTH BUSTING


  • IT'S NOT ABOUT CRAIG.
    Some people have assumed the challenge is due to dislike of Craig Ruddy's work. Not true, in fact nothing could be farther from the truth. The Ruddy portrait of David Gulpilil is a beautiful poetic drawing, a wonderfully sensitive work. It is unfortunate that the ill-considered decision of the Trustees to award the Prize to an ineligible entry has put Craig in this unfortunate position.
    Whilst fairness to all Archibald Prize entrants requires the 2004 Archibald Prize to be rejudged (or 2004 declared a no-award year) Craig Ruddy should perhaps be compensated for the troubles this decision has caused. Keeping the equivalent of the prize money may well be the ultimate result, and we would support this as being reasonable in the circumstances.
    The 2004 decision is the responsibility of the Trustees of the Art Gallery of New South Wales and it is they who have had a summons to appear before the Supreme Court. The challenge to the 2004 Archibald Prize is directed at them.