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.
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.
2000: won because of simplicity
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