Property from Mawallok ,Western Districts, Victoria. February 22. 2021. by artvisory4

Property from Mawallok, Western Districts, Victoria From the collection of Mr & Mrs Peter and Jocelyn Mitchell Auction • Monday 22 February 2021

Chinese and Asian Arts Experts Ray Tregaskis Victoria Tregaskis Allan Rae Luke Guan

Indigenous Australian Art Expert Shaun Dennison

Arts of the Middle East Expert Dr Susan Scollay

Curated Interior Decorator Auctions Specialist Amanda Swanson

Single-Owner Auctions Specialists Paul Sumner Sandy Bruce

SINGLE - OWNER COLLECTION AUCTIONS

Property from Mawallok, Western Districts, Victoria From the collection of Mr & Mrs Peter and Jocelyn Mitchell

AUCTION

Monday 22 February 2021, 6.30pm

VIEWING

Friday 19 February

11am–5pm

Saturday 20 February 11am–5pm Sunday 21 February

11am–5pm

Monday 22 February

11am–1pm

ADDRESS

409 Malvern Road, South Yarra VIC 3141

ONLINE

View catalogue and bid online at www.artvisory.com.au

ENQUIRIES

Paul Sumner 0412 337 827 paul@artvisory.com.au

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The collection of Mr & Mrs Peter and Jocelyn Mitchell The historic pastoral property Mawallok is located in the Western Districts of Victoria, near Beaufort and its first owner was Scottish migrant Alexander Russell who had acquired the land in 1847. The preemptive right for the property was granted in 1858. Alexander Russell died in 1869 and his son Philip Russell inherited the estate. Phillip Russell, and then from 1932 his son Alex Russell (1892-1961), were responsible for major changes at Mawallok. In 1907-08 the Arts and Crafts homestead was built to a design prepared by architects Klingender and Alsop, and the garden was laid out to a plan prepared in 1909 by Australiaâ&#x20AC;&#x2122;s greatest garden designer of the time William Guilfoyle, Director of the Melbourne Botanic Gardens. This was to be his last private garden design of note. General Sir John Monash was commissioned to create the lake, which was fed by a natural spring. In 1932 Alex Russell and his wife Jess moved to Mawallok. Alex who was a pastoralist, soldier, keen golfer and golf course designer created a private six-hole golf course.

In 1980 Peter and Jocelyn Mitchell bought the property privately from Phillip Russell, the great grandson of the original owner. When Jocelyn and Peter Mitchell took over, they reworked some of the changes of the 1930s to take it back to its Guilfoyle roots Jocelyn Mitchell returned most of the serpentine paths to their original form. The design reflects English picturesque and gardenesque tastes, with both formal and informal elements. There are serpentine paths, sweeps of lawn, a flagstone terrace and pergola, both lawn and en-tout-cas tennis courts, rockery, generously curving shrubberies and a wealth of historic trees. These include a Gallipoli oak grown from acorns collected by World War I soldiers. Peter had a keen interest in antiquities from Ancient Rome and Greece, as well as those from Egypt, many of which were lent for exhibitions at Australian and New Zealand Universities at different times. Jocelyn had an eye for the art, antiques and furnishings and together they created the gracious interiors at Mawallok which complimented the panelled walls and its grand rooms.

A Roman fragmentary marble torso of Hercules, circa 1st/2nd Century AD the figure naked except for the Nemean lion skin draped across his body approx 50cm high PROVENANCE

Sotheby’s London Lot 351 14/12/1981 for 558.00 Pounds sterling $3,000–5,000

A very rare and striking Abruzzo carved stone head of a stylized bearded man, originally an architectural key stone, Southern Italian, circa 12th Century 32cm high, 32cm high PROVENANCE

Acquired privately in Europe 28/8/1982 $4,000–6,000

A large Roman fragmentary marble head of a Gorgon/Medusa, circa 3rd Century AD part of a larger architectural panel with deeply carved outer edge to the left side approx 50cm high, 51cm wide PROVENANCE

Sotheby's London Lot 352 14/12/1981 for 758 pounds sterling $5,000â&#x20AC;&#x201C;8,000

A Hellenistic or early Roman crystalline white stone head of a bearded male, circa 1st Century BC/2nd Century AD 29cm high PROVENANCE

Sotheby’s London 14/12/1981 for 3,791.00 Pounds sterling $4,000–6,000

A Roman marble fragmentary head of a faun, circa 2nd Century AD 16.5cm high, 16cm wide, approx 10cm deep PROVENANCE

Christie's London, Lot 201 10/12/1981 for 440.00 Pounds sterling. $2,500–3,500

An Egyptian carved limestone figure of Horus the Falcon (Falcon Aroeris), circa Late Period, 1085-332 BC 29.9cm high PROVENANCE

Sotheby’s London Lot 134 14/12/1981 for 725.00 Pounds sterling $2,000–3,000

A Roman carved marble head of a female, circa 1st/2nd Century AD, on serpentine marble base 17.2cm high, 14cm wide, 8.5cm deep PROVENANCE

Sotheby’s London 14/7/1981 Lot 296 for 379.00 Pounds sterling. $1,500–2,500

A Roman carved white stone head of a matron, with tightly curled hair, circa 2nd Century AD 28.4cm high PROVENANCE

Christie's London Lot 202 10/12/1981 for 1210.00 Pounds sterling $2,000–4,000

An Egyptian carved limestone panel with hieroglyphics of Ramesses II, circa New Kingdom, 20th dynasty circa 1200 BC 42.5cm high, 24cm wide, 3.5cm thick PROVENANCE

Sotheby’s London Lot 78 14/12/1981 for 245.00 Pounds sterling. $1,500–2,500

An Egyptian carved limestone pair group of Tjenti-tha and his wife Afa (Ifi) circa late Old Kingdom/1st Intermediate period circa 2000 BC

A Roman carved crystalline stone votive stele of a huntress, circa 1st/2nd Century AD 27cm high, 18cm wide, 9.5cm high

28cm high, 15cm wide, 12cm deep

PROVENANCE

Sotheby’s London 14/12/1981 for 836.00 Pounds sterling

Sotheby’s London Lot 14/7/1981 for 1,394.00 Pounds sterling Ex: Hilton-Price Collection. Ex William Randolph Hearst Collection sold at Sotheby's, 11 July 1939 Lot 62.

$1,000–1,500

$1,500–2,500

13 12

A Hellenistic terracotta figure of standing woman wearing a chiton, Greek, circa 5th Century BC

A Greek terracotta figure of a seated maiden, Greek, circa 5th Century BC

23.5cm high

18.5cm high

PROVENANCE

Sotheby’s London 14/7/1981 for 123.00 Pounds sterling.

Sotheby’s London Lot 304 14/7/1981 for 112.00 Pounds sterling

$500–700

$600–900

A Cypriot painted terracotta oenochoe, ewer, Cypro-Geometric period, circa 850-700 BC

An Etruscan barnacle encrusted amphora, circa 3rd Century BC

26.6cm high

31cm high

PROVENANCE

Sotheby’s London Lot 253 14/7/1981 for 234.00 Pounds sterling.

Acquired privately in Europe on 16 July 1982.

$600–900

An Etruscan terracotta fragmentary figure with shield, circa 4th/3rd Century BC 16cm high, 11cm wide PROVENANCE

Sotheby’s London 14/7/1981 for 201.00 Pounds sterling. $300–500

A Greek terracotta boar, whose religious significance was associated with Demeter the corn goddess, circa 5th Century 5.1cm long PROVENANCE

Sotheby’s London 14/7/1981 for 112.00 Pounds sterling $200–300

17 16

A well modelled Hellenistic terracotta figure of a standing maiden, wearing a chiton, Greek, Tanagra style, circa 330-200 BC 27cm high PROVENANCE

Sotheby’s London lot 208 14/7/1981 for 725.00 Pounds sterling $1,000–1,500

An Etruscan terracotta votive head of a young male, circa 4th/3rd Century BC 24.8cm high PROVENANCE

Christie’s London Lot 376 10/12/1981 for 610.00 Pounds sterling $1,500–2,000

A finely incised brown glazed Ushabti, circa Late Period 1085-332 BC

An Egyptian small turquoise glazed Ushabti, circa Late Period, 1085-332BC

with hieroglyphic panel with script from the Book of the Dead Chapter VI 16.5cm high

10.5cm high

PROVENANCE

Purchased in Europe 23 August 1982

Sotheby’s London 14/12/1981 for 725.00 Pounds sterling as part of a group lot $800–1,200

PROVENANCE

$400–700

A finely modelled pale turquoise glazed Ushabti, circa 26th Dynasty 664-525BC 9.5cm high PROVENANCE

Sotheby’s London Lot 76 14/12/1981 for 725.00 Pounds sterling as part of a group lot $600–800

An Egyptian faience deep turquoise glazed Ushabti, circa Late Period 1085-332BC

An Egyptian large turquoise glazed Ushabti, circa 21st/22nd Dynasty 1085-730 BC

with hieroglyphic text from chapter VI of the book of the dead,being an instruction to the Ushabti from the dead man to cultivate the fields 17cm high

the body of rounded form,wihtout hieroglyphics 16cm high

PROVENANCE

Sotheby’s London Lot 142 14/12/1981 for 280 Pounds sterling

PROVENANCE

Purchased Sotheby's London Lot 119 14 July 1981

$800–1,200

An unusual Roman bronze of Hercules,naked with the Nemean lionskin draped over his left arm, circa 1st/2nd Century AD

A small Egyptian bronze figure of Harpocrates, Roman period, 30 BC-1st Century AD

13cm high

carrying a cornucopia and wearing a Kherpesh on his head 9cm high

PROVENANCE

Sotheby’s London 14/7/1981 for 401.00 Pounds sterling

Sotheby’s London Lot 147 14/7/1981for 112 Pounds sterling

$2,500–3,500

$600–1,000

A small Greek solid cast bronze figure of a kouros (Youth), circa 1st millennium BC

A rare carved ancient Roman bone female torso from a doll figure, circa 1st/2nd Century AD

4.5cm high

7.9cm high, 3.2cm

PROVENANCE

Sotheby’s London Lot 284 14/7/1981 for 699.00 Pounds sterling as part of a group lot

Sotheby’s London Lot 301 14/7/1981 for 123.00 Pounds sterling $1,000–1,500

$500–700

A Greek bronze figure of a duck, circa 1st millennium BC with incised lines for wings and circles for the eyes 2.9cm high PROVENANCE

Sotheby’s London Lot 284 14/7/1981 for 699.00 Pounds sterling as part of a group lot $400–600

29 27

A Roman terracotta alabastron, circa 1st/2nd Century AD 13cm high PROVENANCE

Sotheby’s London 14/7/1981for 167.00 Pounds sterling as part of a group lot $200–300

An ancient bronze fragment of a situla, circa 1st/2nd Century AD 7cm high PROVENANCE

Sotheby’s London Lot 219 14/7/1981 for 167.00 Pounds sterling as part of a group lot $200–300

A terracotta Roman oil lamp, circa 1st/2nd Century AD PROVENANCE

Sotheby’s London Lot 219 14/7/1981 for 167.00 Pounds sterling as part of a group lot 6.3cm wide $100–200

A Roman bronze spear head, circa 1st/2nd Century AD 10.7cm long PROVENANCE

Sotheby’s London Lot 219 14/7/1981 for 167.00 Pounds sterling as part of a group lot $150–200

A carved terracotta scarab seal in the form a Sphinx headed scarab beetle, circa Late Period 1085-332 BC 8.5cm long PROVENANCE

Purchased privately in Europe 23 August 1982 $300–400 33

An Etruscan painted red ware trefoil lipped oenochoe ewer, circa 4th Century BC 27.3cm high PROVENANCE

Sotheby’s London Lot 248 14/7/1981 for 335.00 Pounds sterling. $500–800

A Roman carved limestone head of the Athenian orator Demostheses, circa 3rd Century AD 14cm high PROVENANCE

Christie’s London, Lot 210 10/12/1981 for 210.00 Pounds sterling $1,500–2,000

A rare Cycladic marble fragmentary torso, circa 2500 BC 15.2cm high PROVENANCE

Sotheby’s London Lot 266 14/12/1981 for 441.00 Pounds sterling $2,500–3,500

An impressive white and gilt painted cupboard, Italian, 18th Century 212 cm high, 170cm wide, 52cm deep PROVENANCE

Acquired privately in Europe prior to 1981 $1,500â&#x20AC;&#x201C;2,000

38 (Reverse)

A large and impressive 17th Century Belgian tapestry woven with deer hunting scene in a forest with building in the distance 277cm high, 308cm wide $5,000â&#x20AC;&#x201C;8,000

An impressive and well-carved French carved oak marriage armoire, French late 18th/early 19th Century 252cm high, 156cm wide $2,000â&#x20AC;&#x201C;3,000

A set of twelve Louis XIV style turned walnut armchairs with red and cream patterned upholstery, two of them armchairs backs 108cm high, seats 51cm wide $1,500â&#x20AC;&#x201C;2,000

A George III crossbanded mahogany longcase clock, English circa 1800 the painted dial inscribed Tommys first love letter at the top and around the dial Spring, Summer Winter, Harvest 228cm high, 55cm wide, 25cm deep $600â&#x20AC;&#x201C;900

S J CHUTHERLMOS Pensive head limited edition numbered 10/15 etching signed, numbered, titled and dated in pencil to margin plate size 45.5cm x 40cm $50–100

ROBIN WALLACE-CRABBE, AUSTRALIAN (BORN 1938) Nude charcoal signed and dated 85 lower right 65.5cm high, 50cm wide $300–500 Illustrated online at artvisory.com.au

ANITA BARLEY, AUSTRALIAN (BORN 1955) Jacaranda limited edition prin numbered 74/275 40cm high, 45cm wide $80–100 Illustrated online at artvisory.com.au

SCOTTISH SCHOOL?, 19TH CENTURY Old man and a family beside a rural cottage oil on canvas Bowman and Sons Glasgow labelled frame 64 x 65.5cm 43

$300–500 Illustrated online at artvisory.com.au

CLIFTON PUGH, AUSTRALIAN (1924-1990)

ROBIN WALLACE-CRABBE, AUSTRALIAN (BORN 1938)

Flying Fox

Apres Tennis

oil on board signed and dated 74 lower right and titled to verso 120cm x 90cm

pastel on paper signed titled and dated 75 lower right 75cm high, 55cm wide

$3,000–5,000

AFTER EUGENE VON GUERARD Ballarat from the Fire Brigade, 1870

$200–400

limited edition number 23/150 printed from the Eugene Von Guerard’s original wood block now in the possession of the Ballarat Historical Society 74cm high, 105cm wide

Illustrated online at artvisory.com.au

$500–700 Illustrated online at artvisory.com.au

LEONARD FRENCH, AUSTRALIAN (1928-2017) The Street pastel and charcoal on paper signed and titled to verso 135cm high, 120cm wide $5,000–7,000

CHARLES BLACKMAN, AUSTRALIAN (1928-2018) Interior (with figures) Limited edition monochrome print edition number 20/100 signed and dated 66-67 in pencil lower right 56cm high, 78cm wide $250–500

ANITA BARLEY, AUSTRALIAN (BORN 1955) Flowering gums limited edition coloured print numbered 74/275 40cm high, 45cm wide $50–100 Illustrated online at artvisory.com.au

BENTE-EUROPEAN SCHOOL, EARLY 20TH CENTURY The river Seine near its source signed lower left and dated 23 and titled to verso 33.5cm x 53cm $200–400 Illustrated online at artvisory.com.au

ROBIN WALLACE-CRABBE, AUSTRALIAN (BORN 1938) Abstract gouache on paper signed lower right 53cm high, 36cm wide $200–400 Illustrated online at artvisory.com.au 51

An unusual 19th Century school painting Farmstead with a grazier on horseback, with a flock of sheep, cattle and water-birds by a river with a thatched cottage in the middle-distance oil on board 57cm high, 80cm wide $300–500

J A SHARP, BRITISH, 19TH CENTURY Women in a Wheatfield oil on canvas signed and dated 92 lower right 45cm high, 59cm wide $600–900

57 55

DAVID CHAPMAN, AUSTRALIAN (1927-1983) Australian landscape oil on canvas signed and dated ’80 lower left in gilt frame and with Powell street South Yarra Gallery label to verso 44cm high, 60cm wide $200–300 Illustrated online at artvisory.com.au

AFTER SIR WILLIAM JARDINE The Naturalists Library Published Edinburgh from 1835 Didelphys Tristriata and Petaurus Sciurens Two hand coloured engravings of Australian mammals in metal frames with Robert Douwma Fine and rare prints and maps Gallery labels paper size 10cm x 16.5cm $100–200 Illustrated online at artvisory.com.au

J CIAPPA, ITALIAN, 19TH/20TH CENTURY

WILLIAM CURTIS AND OTHERS

Mediterranean Landscape

Eight coloured botanical editions form the Botanical Magazine or Flower Garden Displayed

oil on canvas signed lower right 58cm high, 80cm wide $800–1,200

in green frames with Robert Douwma Fine and rare prints and maps Gallery labels paper size 20cm x 11.5cm $200–400 Illustrated online at artvisory.com.au

John Gould Birds of Australia, circa 1848 Geophaps Smithii and Chlamydera Cerviniventris Printed John Gould and H C Richter. C Hollmandel Imp. Two coloured editions 34cm high, 50cm wide and 48.5cm high, 33cm wide $250–500 Illustrated online at artvisory.com.au

NORMAN LINDSAY, AUSTRALIAN (1879-1969) Enigma facsimile print titled and signed? to verso on felt pen ornate gilt frame and glazed 20cm high, 16cm wide $80–120 Illustrated online at artvisory.com.au

ENGLISH SCHOOL, EARLY TO MID 19TH CENTURY Children in a dense forest

A well painted and gilded Imari charger, Japanese, Meiji period (1868-1912)

The Celebrated Trotting Cob property of Mr Charles Bastien (Jackey)

47cm diameter $600–800

Illustrated online at artvisory.com.au

$250–400

signed and dated 44 lower left 38cm high, 50cm wide

Voyage Au Pole Sud et dans L’Oceanie 1. Lygosome Hieroglyphe and 11. Lygosome A Grosse Queue Peinte par Oudart, Dirige par Barromee, Imp de Bougeard Two editions of Lizards 41.5cm high, 27.5cm wide

Illustrated online at artvisory.com.au

$300–500

Printed: Engraved by C G Lewis, Painted by Dalby. Jackey died Feb 1866 aged 33 coloured edition plate size 52cm high, 67cm wide Illustrated online at artvisory.com.au

$200–300

oil on canvas 33.5cm high, 34cm wide

AUSTRALIAN SCHOOL, 20TH CENTURY Wheatfield

$200–300

NORMAN LINDSAY, AUSTRALIAN (1879-1969)

Illustrated online at artvisory.com.au

Debut

NORMAN LINDSAY, AUSTRALIAN (1879-1969)

facsimile print titled and signed? to verso in felt pen ornate gilt frame and glazed 21.5cm high, 16.5cm wide

two facsimile prints, one a nude, the other of Ruth head and shoulders portrait 27 x 16cm and 25 x 19cm

$80–120

$150–200

Illustrated online at artvisory.com.au

Cyclamen Srotinium Folns Hederaceis

Three Chinese polychrome painted vases, 20th Century

The Opossum and Kangaroo, New Holland from the book of Cooks Voyages

a coloured print after the 17th Century paper size: 44cm x 36cm

32cm and 26cm high

$50–100

$150–200

Illustrated online at artvisory.com.au

A Staffordshire flower-painted sauce tureen without cover, English, 19th Century

A 17th Century Swatow red and green overpainted charger

10cm high

$400–500

$20–40 Illustrated online at artvisory.com.au

38cm diameter Illustrated online at artvisory.com.au

Two black and white steel engravings plates sizes 16 x 21cm $150–300 Illustrated online at artvisory.com.au

END OF SALE

Sir Donald Bradman — The Legend A collection of original black and photographs Auction Monday 15 February 2021 Viewing 12–15 February 11am–5pm www.artvisory.com.au

Helmut Newton (1920–2004) A Single-Owner collection of original signed photographs Auction Monday 22 February 2021 Viewing 19–22 February 11am–5pm www.artvisory.com.au

Fine Chinese, Japanese & Asian Arts Auction Monday 22 February 2021 Viewing 19–21 February 11am–5pm www.artvisory.com.au

The Interior Decorator Autumn Edition

Auction Wednesday 10 March, 6pm Viewing 7–9 March 11am–5pm, 10 March 11am–1pm www.artvisory.com.au

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1. Background to the Terms used in these Conditions The conditions that are listed below contain terms that are used regularly and may need explanation. They are as follows: “the Buyer” means the person with the highest bid accepted by the Auctioneer “the Lot” means any item depicted within the sale for auction and in particular the item or items described against any lot number in the catalogue. “the Hammer price” means the amount of the highest bid accepted by the auctioneer in relation to a lot

Images are measured height by width (sight size). Illustrations are provided only as a guide and should not be relied upon as a true representation of colour or condition. Images are not shown at a standard scale. Mention is rarely made of frames (which may be provided as supplementary images on the website) which do not form part of the lot as described in the printed catalogue.

“the Buyers Premium” means the charge payable by the Buyer to the auction house as a percentage of the hammer price. “the Reserve” means the lowest amount at which Artvisory has agreed with the Seller that the lot can be sold. “Forgery” means an item constituting an imitation originally conceived and executed as a whole, with a fraudulent intention to deceive as to authorship, origin, age, period, culture or source, where the correct description as to such matters is not reflected by the description in the catalogue. Accordingly no lot shall be capable of being a forgery by reason of any damage or restoration work of any kind (Including re-painting). “the insured value” means the amount that Artvisory in its absolute discretion from time to time shall consider the value for which a lot should be covered for insurance (whether or not insurance is arranged by Artvisory.)

Catalogue and other Descriptions All statements by Artvisory in the catalogue entry for the property or in the condition report, or made orally or in writing elsewhere, are statements of opinion and are not to be relied upon as statements of fact. Such statements do not constitute a representation, warranty or assumption of liability by Artvisory of any kind. References in the catalogue entry to the condition report to damage or restoration are for guidance only and should be evaluated by personal inspection by the bidder or a knowledgeable representative. The absence of such a reference does not imply that an item is free from defects or restoration, nor does a reference to particular defects imply the absence of any others. Estimates of the selling price should not be relied on as a statement that this is the price at which the item will sell or it’s value for any other purpose. Neither Artvisory nor The Seller is responsible for any errors or omissions in the catalogue or any supplemental material.

Buyers Responsibility All property is sold “as is” without representation or warranty of any kind by Artvisory or the Seller. Buyers are responsible for satisfying themselves concerning the condition of the property and the matters referred to in the catalogue by requesting a condition report No lot to be rejected if, subsequent to the sale, it has been immersed in liquid or treated by any other process unless the Auctioneer’s permission to subject the lot to such immersion or treatment has first been obtained in writing.

2. Artvisory Auctions as Agent Except as otherwise stated Artvisory Pty Ltd acts as agent for the Seller.

4. At the Sale

The contract for the sale of the property is therefore made between the Seller and the Buyer.

Refusal of Admission Artvisory reserves the right at our complete discretion to refuse admission to the auction premises or participation in any auction and to reject any bid.

Registration before Bidding Any prospective new buyer must complete and sign a registration form and provide photo-identification before bidding. Artvisory may request bank, trade or other financial references to substantiate this registration.

3. Before the Sale Examination of Property Prospective Buyers are strongly advised to examine in person any property in which they are interested before the Auction takes place. Neither Artvisory nor the Seller provides any guarantee in relation to the nature of the property apart from the Limited warranty in the paragraph below. The property is otherwise sold “AS IS”

Bidding as a Principal When making a bid, a bidder is accepting personal liability to pay the purchase price including the buyers premium and all applicable taxes, plus all other applicable charges, unless it has been explicitly agreed in writing with Artvisory before the commencement of the sale that the bidder is acting as agent on behalf of an identified third party acceptable to Artvisory and that Artvisory will only look to the principal for payment.

International Registrations All International clients not known to Artvisory will be required to scan through an accredited form of photo identification and pay a deposit at our discretion in cleared funds into Artvisory’s account at least 24 hours before the commencement of the auction. Bids will not be accepted without this deposit. Artvisory also reserves the right to request any additional forms of identification prior to registering an overseas bid. This deposit can be made using a credit card, however the balance of any purchase price in excess of $5,000 can not be charged to this card without prior arrangement. This deposit is redeemable against any auction purchase.

Absentee bids Artvisory will use reasonable efforts to execute written bids delivered to us AT LEAST 24 Hours before the sale for the convenience of those clients who are unable to attend the auction in person. If we receive identical written bids on a particular lot, and at the auction these are the highest bids on that lot, then the lot will be sold to the person whose written bid was received and accepted first. Execution of written bids is a free service undertaken subject to other commitments at the time of the sale and we do not accept liability for failing to execute a written bid or for errors or omissions which may arise. It is the bidder’s responsibility to check with Artvisory after the auction if they were successful. Unlimited or “Buy” bids will not be accepted.

Telephone bids Priority will be given to overseas and interstate bidders. Please refer to the catalogue for the Telephone Bids form. Arrangements for this service must be confirmed AT LEAST 24 HOURS PRIOR to the auction commencing. Artvisory accepts no responsibility whatsoever for any errors or failure to execute bids. In telephone bidding the buyer agrees to be bound by all terms and conditions listed here and accepts that Artvisory cannot be held responsible for any miscommunications in the process. The success of telephone bidding cannot be guaranteed due to circumstances that are unforeseen. Buyers should be aware of the risk and accept the consequences should contact be unsuccessful at the time of Auction. You must advise Artvisory of the lots in question and you will be assumed to be a buyer at the minimum price of 75% of estimate (ie. reserve) for all such lots. Artvisory will advise Telephone Bidders who have registered at least 24 hours before the auction of any relevant changes to descriptions, withdrawals or any other sale room notices.

Foreign buyers should note that all transactions are in Australian dollars so there may be a small exchange rate risk. The costs associated with acquiring a good certificate will be carried by the purchaser. If the item turns out to be forged or otherwise incorrectly described, all reasonable costs will be borne by the vendor.

All values expressed in Artvisory Pty Ltd catalogues (in any format) are in Australian Dollars (AU$). All bids, “hammer price”, “reserves”, “Buyers Premium” and other expressions of value are understood by all parties to be in Australian Dollars (AU$) unless otherwise specified.

G) Online Bidding Artvisory offers an online bidding service via Invaluable.com. When bidding online the buyer agrees to be bound by all terms and conditions listed here by Artvisory and agrees to pay any fees charged in regard to any purchases made via Invaluable.com. Artvisory accepts no responsibility for any errors, failure to execute bids or any other miscommunications regarding this process. It is the online bidder’s responsibility to ensure the accuracy of the relevant information regarding bids, lot numbers and contact details.

5. After the Sale a)

Buyers Premium In addition to the hammer price, the buyer agrees to pay to Artvisory the buyer's premium. The buyer’s premium is 24% of the hammer price plus GST. (Goods and Services Tax) where applicable.

Payment and passing of title The buyer must pay to the company trust account managed by KK Partners Pty Ltd Chartered Accountants the full amount due (comprising the hammer price, buyer's premium and any applicable taxes and GST) not later than 3 days after the auction date.

H) Reserves Unless otherwise indicated, all lots are offered subject to a reserve, which is the confidential minimum price below which the Lot will not be sold. The reserve will not exceed the low estimate printed in the catalogue. The auctioneer may open the bidding on any Lot below the reserve by placing a bid on behalf of the Seller. The auctioneer may continue to bid on behalf of seller up to the amount of the reserve, either by placing consecutive bids or by placing bids in response to other bidders. I)

The buyer will not acquire title for the lot until Artvisory receives full payment in cleared funds, and no goods under any circumstances will be released without confirmation of cleared funds received. This applies even if the buyer wishes to send items interstate or overseas. Payment can be made by direct transfer, cash (not exceeding $5,000AUD, if wishing to pay more than $5,000AUD then this must be deposited directly into the company trust account and bank receipt supplied) and Eftpos (please check your daily limit). Payments can also be made by credit card in person with a 1.3% (inc GST) merchant fee for Visa and Mastercard and 2% (inc GST) for American Express. Credit card payments where the card-holder is not present, can not be accepted unless a scanned image of the card and signature is supplied (that corresponds with the supplied signature on the bidding or registration forms). Personal cheques are only accepted with prior arrangement and funds must be cleared before goods will be released. Bank cheques are subject to three days clearance.

Auctioneers Discretion The Auctioneer has the right at his absolute and sole discretion to refuse any bid, to advance the bidding in such a manner as he may decide, to withdraw or divide any lot, to combine any two or more lots and, in the case or error or dispute and whether during or after the sale, to determine the successful bidder, to continue the bidding, to cancel the sale or to re-offer and resell the item in dispute. If any dispute arises after the sale, then Artvisory’s sale record is conclusive. Successful bid and passing of risk Subject to the auctioneer’s discretion, the highest bidder accepted by the auctioneer will be the buyer and the striking of his hammer marks the acceptance of the highest bid and the conclusion of a contract for sale between the Seller and the Buyer. Risk and responsibility for the lot (including frames or glass where relevant) passes immediately to the Buyer.

The buyer is responsible for any bank fees and charges applicable for the transfer of funds into Artvisory’s company trust account. c)

K) Indicative Bidding steps, etc. Artvisory reserves the right to refuse any bid, withdraw any lot from sale, to place a reserve on any lot and to advance the bidding according to the following, at the auctioneers discretion: Increment Amount

Dollar Range

$20

$0–$500

$50

$500–$1,000

$100

$1,000–$2,000

$200

$2,000–$5,000

$500

$5,000–$10,000

$1,000

$10,000–$20,000

$2,000

$20,000–$50,000

$5,000

$50,000–$100,000

$10,000

$100,000–$200,000

$20,000

$200,000–$500,000

$50,000

$500,000–$1,000,000

Absentee bids must follow these increments and any bids that don’t follow the steps will be rounded up to the nearest acceptable bid.

Collection of Purchases & Insurance Artvisory is entitled to retain items sold until all amounts due to us have been received in full in good cleared funds. Subject to this, the Buyer shall collect purchased lots within 3 days from the date of the sale unless otherwise agreed in writing between Artvisory and the Buyer. At the fall of the hammer, insurance is the responsibility of the purchaser.

Packing, Handling and shipping Artvisory will be able to suggest local, national and international carriers and takes no responsibility whatsoever for the actions of any recommended third party carrier. Artvisory can pack and handle goods purchased at the auction by agreement, however will take no responsibility for damage, a charge may be made for this service. All packing, shipping, insurance, postage & associated charges will be borne by the purchaser. Cultural heritage Export Licences Unless otherwise agreed by us in writing, the fact that the buyer wishes to apply for an export licence does not affect his or her obligation to make full payment immediately, nor our right to charge interest or storage charges on late payment. It is the Buyer’s responsibility to check Australia’s Protection of Moveable Cultural Heritage Act 1986 before purchase. If the Buyer requests Artvisory to apply

for an export licence then we shall be entitled to charge a fee for this service. We shall not be obliged to rescind a sale nor to refund any interest or other expenses incurred by the Buyer where payment is made by the Buyer in circumstances where an export licence is not granted. f)

Remedies for non-payment If the Buyer fails to make full payment immediately, Artvisory is entitled to exercise one or more of the following rights or remedies (in addition to asserting any other rights or remedies available under the law) i)

to charge interest at such a rate as we shall reasonably decide

ii)

to hold the defaulting Buyer liable for the total amount due and to commence legal proceedings for it’s recovery along with interest, legal fees and costs to the fullest extent permitted under applicable law

iii)

to cancel the sale

iv) to resell the property publicly or privately on such terms as we see fit v)

to pay the Seller an amount up to the net proceeds payable in respect of the amount bid by the defaulting Buyer. In these circumstances the defaulting Buyer can have no claim upon Artvisory in the event that the item(s) are sold for an amount greater than the original invoiced amount.

vi) to set off against any amounts which Artvisory may owe the Buyer in any other transactions, the outstanding amount remaining unpaid by the Buyer. vii) where several amounts are owed by the Buyer to us, in respect of different transactions, to apply any amount paid to discharge any amount owed in respect of any particular transaction, whether or not the Buyer so directs. viii) to reject at any future auction any bids made by or on behalf of the Buyer or to obtain a deposit from the Buyer prior to accepting any bids. ix) to exercise all the rights and remedies of a person holding security over any property in our possession owned by the Buyer whether by way of pledge, security interest or in any other way, to the fullest extent permitted by the law of the place where such property is located. The Buyer will be deemed to have been granted such security to us and we may retain such property as collateral security for such Buyer’s obligations to us. x)

to take such other action as Artvisory deem necessary or appropriate If we do sell the property under paragraph (iv), then the defaulting Buyer shall be liable for payment of any deficiency between the total amount originally due to us and the price obtained upon reselling as well as for all costs, expenses, damages, legal fees and commissions and premiums of whatever kinds associated with both sales or otherwise arising from the default. If we pay any amount to the Seller under paragraph (v) the Buyer acknowledges that Artvisory shall have all of the rights of the Seller, however arising, to pursue the Buyer for such amount.

Failure to collect purchases Where purchases are not collected within 3 days from the sale date, whether or not payment has been made, we shall be permitted to remove the property to a warehouse at the buyer’s expense, and only release the items after payment in full has been made of removal, storage handling, insurance and any other costs incurred, together with payment of all other amounts due to us.

6. Extent of Artvisory Liability Artvisory agrees to refund the purchase price in the circumstances of the Limited Warranty set out in paragraph 7 below. Apart from that, neither the Seller nor we, nor any of our employees or agents are responsible for the correctness of any statement of whatever kind concerning any lot, whether written or oral, nor for any other errors or omissions in description or for any faults or defects in any lots. Except as stated in paragraph 7 below, neither the Seller ourselves, our officers, agents or employees give any representation warranty or guarantee or assume any liability of any kind in respect of any lot with regard to merchantability, fitness for a particular purpose, description, size, quality, condition, attribution, authenticity, rarity, importance, medium, provenance, exhibition history, literature or historical relevance. Except as required by local law any warranty of any kind is excluded by this paragraph.

7. Limited Warranty Subject to the terms and conditions of this paragraph, the Seller warrants for the period of thirty days from the date of the sale that any property described in this catalogue (noting such description may be amended by any saleroom notice or announcement) which is stated without qualification to be the work of a named author or authorship is authentic and not a forgery. The term “Author” or “authorship” refers to the creator of the property or to the period, culture, source, or origin as the case may be, with which the creation of such property is identified in the catalogue. The warranty is subject to the following: i)

ii)

iii)

it does not apply where a) the catalogue description or saleroom notice corresponded to the generally accepted opinion of scholars and experts at the date of the sale or fairly indicated that there was a conflict of opinions, or b) correct identification of a lot can be demonstrated only by means of a scientific process not generally accepted for use until after publication of the catalogue or a process which at the date of the publication of the catalogue was unreasonably expensive or impractical or likely to have caused damage to the property. the benefits of the warranty are not assignable and shall apply only to the original buyer of the lot as shown on the invoice originally issued by Artvisory when the lot was sold at Auction. the Original Buyer must have remained the owner of the lot without disposing of any interest in it to any third party

iv) The Buyer’s sole and exclusive remedy against the Seller in place of any other remedy which might be available, is the cancellation of the sale and the refund of the original purchase price paid for the lot less the buyers premium which is non refundable. Neither the Seller nor Artvisory will be liable for

any special, incidental nor consequential damages including, without limitation, loss of profits not for interest.

Overseas buyers and buyers non-resident in Australia will not be charged GST on both hammer price and premiums under the following conditions:

The Buyer must give written notice of claim to us within thirty days of the date of the Auction. The Seller shall have the right, to require the Buyer to obtain two written opinions by recognised experts in the field, mutually acceptable to the Buyer and Artvisory to decide whether or not to cancel the sale under warranty.

The items are exported through a Artvisory approved freight company including Australia Post

The items are exported within 60 days of the date of the sale

The invoice supplied by Artvisory for purchases will be regarded as a Tax invoice for GST purposes.

vi) the Buyer must return the lot to Seller in the same condition that it was purchased.

14. Resale Royalty Scheme

8. Severability

Under the legal obligations of the Resale Royalty Scheme for Visual Artists Act 2009, sellers must provide the following information to comply with the act:

If any part of these Conditions of Sale is found by any court to be invalid, illegal or unenforceable, that part shall be discounted and the rest of the Conditions shall continue to be valid to the fullest extent permitted by law.

9. Copyright The copyright of all images, illustrations and written material produced by Artvisory relating to a lot including the contents of this catalogue, is and shall remain the property at all times of Artvisory and shall not be used by the Buyer, nor by anyone else without our prior written consent. Artvisory and the Seller make no representation or warranty that the Buyer of a property will acquire any copyright or other reproduction rights in it.

10. Law and Jurisdiction These terms and conditions and any matters concerned with the foregoing fall within the exclusive jurisdiction of the courts of the state in which the auction is held.

11. Pre-Sale Estimates Artvisory publishes with each catalogue our opinion as to the estimated price range for each lot. These estimates are approximate prices only and are not intended to be definitive. They are prepared well in advance of the sale and may be subject to revision. Interested parties should contact Artvisory prior to auction for updated pre-sale estimates and starting prices.

12. Sale results Artvisory will provide auction results, which will be available as soon as possible after the sale. Results will include buyer’s premium. These results will be posted at www.artvisory.com.au.

13. Goods and Service Tax In accordance with A New Tax System (Goods and Services Tax) Act 1999 Artvisory Auctions will collect on behalf of the Australian tax office (ATO) a Goods and Service Tax (GST) of 10% on all applicable transactions. GST is applicable on the hammer price in the case where the seller is selling property that is owned by an entity registered for GST. GST is also applicable on the hammer price in the case where the seller is not an Australian resident. These lots are denoted by a dagger symbol † placed next to the estimate. GST is also applicable on the buyer’s premium.

•

was the artwork acquired after 8 June 2010?

•

is the sale/reserve price (including GST) $1,000 or more?

•

is the artist from Australia or a country listed in the Regulations to the Act?

•

is the artist alive, or deceased less than 70 years?

The seller: i)

acknowledges that he or she understands his or her legal obligations under the Resale Royalty for Visual Artists Act 2009 (the Act);

ii)

undertakes to comply with all requirements of the Act, including by providing its agent, the company, with accurate information sufficient for compliance with sections 28 and 29 of the Act;

iii)

undertakes to indemnify the company for any loss incurred by the company as a result of the vendor’s failure to comply with any of the vendor’s legal obligations under the Act; and

iv) acknowledges that if he or she fails to comply with any of his or her legal obligations under the Act, the company may provide the vendor’s name and contact details to Copyright Agency Limited (CAL). Lots subject to payment of the Resale Royalty Scheme will be denoted by the §. The Australian Resale Royalty is a flat rate of 5% on the hammer price (including GST). The Australian Resale Royalty is payable by the buyer in addition to the buyers premium plus any applicable GST.

409 Malvern Road South Yarra Victoria 3141 www.artivsory.com.au