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Lot 94: MICHEL LAWRENCE born 1948, Sidney Nolan 1987

Est: $900 AUD - $1,200 AUDSold:
MenziesAugust 30, 2023KENSINGTON, Australia

Item Overview

Description

MICHEL LAWRENCE born 1948

Sidney Nolan 1987
gelatin silver print
50.0 x 49.0 cm (image)
edition: 5/50
signed with initials lower right: ML numbered lower left: 5/50 digitally titled lower left: Sidney Nolan digitally dated lower right: June '87

Artist or Maker

Literature

Another example of this work is held in the collection of Heide Museum of Modern Art, Melbourne

Provenance

Private collection, Melbourne

Payment & Shipping

Payment

Accepted forms of payment: American Express, MasterCard, Money Order / Cashiers Check, Visa, Wire Transfer

Shipping

Auction House will ship, at buyer's expense.

Menzies is pleased to offer complimentary delivery of your purchased work(s) of art from Sydney to Melbourne on a shuttle service departing Friday 1 September. As Menzies' South Yarra premises are currently closed for renovations until early November, please contact our Transport & Display Manager, Fraser Harvey, or our Head of Administration, Registry & Post-Sale Services, Katarina Semenjuk, to arrange collection of your work(s) of art.

Auction Details

Prints & Multiples

by
Menzies
August 30, 2023, 06:30 PM AEST

12 Todman Avenue, KENSINGTON, NSW, 2033, AU

Terms

Buyer's Premium

25.0%

Bidding Increments

From:To:Increment:
$0$999$50
$1,000$1,999$100
$2,000$4,999$200
$5,000$9,999$500
$10,000$19,999$1,000
$20,000$49,999$2,000
$50,000$99,999$5,000
$100,000$199,999$10,000
$200,000$499,999$20,000
$500,000+$50,000

Extended Bidding

5 minutes/bid

INFORMATION FOR BUYERS & SELLERS

THE BUYER
Menzies welcomes you to our Melbourne and Sydney exhibitions and associated auction events. Our specialist and client service staff will be pleased to assist you with any enquiries relating to the exhibition as well as buying or selling at the auction.

USING THIS CATALOGUE

ESTIMATED PRICES
Catalogue entries include descriptive information for every lot, as well as a price range, which reflects the opinion of our specialists as to the price expected for the lot at auction. These are based upon prices recently paid at auction for comparable works and take into account condition, rarity, quality and provenance.
Estimates are prepared well in advance of the sale and are subject to revision; they do not include the buyer's premium. Estimates are inclusive of any G.S.T. which is applicable.
Although the sale is conducted in Australian dollars, the pre-sale estimates are occasionally also printed in foreign currencies. The rates of exchange are the rates at the time of production of this catalogue and therefore, should be treated as a guide only.

RESERVES
The reserve is the minimum price the vendor is willing to accept and below which a lot will not be sold. This amount is confidential and will not exceed the low pre-sale estimate.

G.S.T.
In the event that the vendor is registered for Goods and Services Tax (G.S.T.), the invoice to the buyer will provide a separate entry for G.S.T. which is included in the hammer price.
All Menzies charges for services referred to in this catalogue are inclusive of G.S.T.

CONDITIONS OF SALE
If you wish to bid in a sale, we encourage you to read the Conditions of Sale which appear in this catalogue. The Conditions of Sale outline the terms governing the purchase of property sold at auction. Menzies will sell property to be auctioned on a G.S.T. inclusive basis. The buyer's premium will also be inclusive of G.S.T. See condition 6 of the Conditions of Sale.

MENZIES INTEREST IN PROPERTY CONSIGNED FOR SALE
Menzies generally offers property consigned by others for sale at public auction. The Principal of Menzies and Menzies itself also sell property at our auctions and some of the works in this catalogue may be owned wholly or in part by Menzies or the Principal of Menzies.
The Principal of Menzies, for some works, provide a guaranteed minimum price to the vendor of the property. Some of the works in this catalogue may be the subject of such a guarantee.
If buyers have an interest in a particular lot and want to know more about its ownership or guarantee status, they should speak to a representative of Menzies, who will be pleased to assist.

BUYER'S PREMIUM
Buyers are reminded that the purchase price will be the sum of the final bid price plus the buyer's premium, which is 25% (GST inclusive) of the hammer price. Menzies has partnered with Invaluable.com to offer Buyer's Premium Parity for this auction, so there is no additional bidding fee if participating online.

BEFORE THE AUCTION
Pre-sale exhibitions of our auctions are open to the public and may be attended at no charge. All property to be auctioned is usually on view for several days prior to the sale. You are encouraged to examine lots thoroughly and to request condition reports (see below). Menzies specialists are available to give advice at all exhibitions or by appointment.
Prospective bidders should make themselves familiar with any saleroom notices that may be applicable and consult our website: menziesartbrands.com for the most up to date cataloguing of the property in this catalogue.

CONDITION REPORTS
If you would like additional information on a particular lot or are unable to attend the viewing, Menzies are pleased to provide on request a general report on the condition of the property described in our catalogue. Please submit your request no later than 48 hours prior to the auction. We remind prospective buyers that the report is a statement of opinion and should not be relied upon as a statement of definitive fact. The Conditions of Sale, exclude warranties and representations with respect to the condition of a lot sold at Auction other than those expressly set out therein. Prospective buyers should inspect each lot to satisfy themselves as to condition and are encouraged to consult a professional restorer or conservator for a more detailed analysis if so required.

PROVENANCE
Menzies may list in the catalogue entry matters such as the history of ownership and other relevant information with respect to scholarship or that assists in distinguishing the work of art. Menzies are not able to carry out detailed enquiries with respect to provenance on each lot. Bidders are responsible to make their own enquiries and investigations on provenance before bidding on any lot or otherwise making an offer to purchase.
The identity of the Seller or previous owners may not be disclosed for a variety of reasons. For example, such information may be excluded at the Seller's request or because the identity of prior owners is unknown.

REGISTRATION
If you are planning to attend the auction and bid in the room, you will need to submit a completed Buyer's Registration form. Please register at the viewing or arrive 20-30 minutes in advance of the sale to submit your form and receive a bidding paddle. If you are a new client, or if you have not made a recent purchase with Menzies, you may be asked to supply a credit reference and photo identification (driver's licence/ passport) when you register. To avoid any delay in the release of your purchases, you may wish to pre-arrange cheque or credit approval. If so, please contact John Keats at Menzies on +61 0(3) 9832 8700.

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THE AUCTION
Auctions are open to the public and free to attend.

BIDDING
Property is auctioned in consecutive numerical order, as per the catalogue. The lot being offered will be announced by the auctioneer and shown on a slide screen at the front of the saleroom. The auctioneer will accept bids from those present in the saleroom, bidders participating online and via telephone, or absentee bidders who have registered with Menzies in advance of the auction. The auctioneer may also execute bids on behalf of the vendor to protect the reserve, either by placing consecutive bids up to the amount of the reserve or by entering bids in response to saleroom, telephone or absentee bids. Under no circumstances will the auctioneer place any bid on behalf of the vendor at or above the reserve. Bidding increments are inclusive of any G.S.T.
which is applicable.

BIDDING INCREMENTS
Bidding generally opens below the estimate and advances in the following increments:

$500 - $1,000 by $50
$1,000 - $2,000 by $100
$2,000 - $5,000 by $200
$5,000 - $10,000 by $500
$10,000 - $20,000 by $1,000
$20,000 - $50,000 by $2,000
$50,000 - $100,000 by $5,000
$100,000 - $200,000 by $10,000
$200,000 - $500,000 by $20,000
$500,000 and above by $50,000

Occasionally the auctioneer may vary the increments during the course of the auction at his or her discretion.

ABSENTEE OR COMMISSION BIDS
Absentee bids are written instructions from you directing Menzies to bid for you on one or more lots up to a maximum amount you specify for each lot. Menzies staff will execute your absentee bid at the lowest possible price taking into account the reserve price and other bids. There is no charge for this service. If identical bids are left by two or more parties, the first bid received by Menzies will take preference. The auctioneer may execute bids for absentee bidders directly from the rostrum, clearly identifying these as absentee or commission bids. Absentee bid forms are available at the back of this catalogue and may also be obtained from Menzies offices. It is the bidder's responsibility to establish if they were successful with their bids. Absentee bids submitted on 'No Reserve' lots will, in the absence of a higher bid, be executed at approximately 50% of the low pre-sale estimate or the amount of the bid if it is less than 50% of the low pre-sale estimate. To submit an absentee bid, you will need to return a completed bidding form to Menzies no later than 24 hours prior to the sale. Absentee bids may be submitted via the Registration Form on Menzies' website or emailed to bids@menziesartbrands. com. Bidding forms may also be obtained from Menzies' Sydney and Melbourne galleries.

TELEPHONE BIDS
Menzies will also execute your bids if you cannot come to the auction and wish to participate by telephone.
Resources are limited and this service is offered on a first-come, first served basis. Menzies' staff will execute telephone bids from designated areas in the saleroom. This service is at the telephone bidder's risk and is also free of charge. It is the bidder's responsibility to establish if they were successful with their bids. To submit a telephone bid, you will need to return a completed bidding form to Menzies no later than 24 hours prior to the sale. Telephone bids may be submitted via the Registration Form on Menzies' website or emailed to bids@menziesartbrands. com. Bidding forms may also be obtained from Menzies' Sydney and Melbourne galleries.

INTERNET BIDS
Online bidding for this auction will be available via the third party platform www.invaluable.com. If you are intending to bid online, you will need to create an Invaluable account in advance and register to bid at our sale on the Invaluable website. Bidding at this auction via Invaluable will not be subject to any additional online bidding fee. Menzies stands by to assist but accepts no responsibility for errors or technical issues encountered when using Invaluable.com. A live video stream and hammer results for the auction may be accessed via Invaluable.com free of charge.

SUCCESSFUL BIDS
The fall of the auctioneer's hammer indicates the final bid. Menzies will record the bidder number of the buyer. If your bid is successful, you will be notified by Invaluable and after the sale by emailed invoice. Menzies advise all Buyers to arrange for their own 'all risks' insurance to cover their purchased goods effective from date for payment to protect their interests as Menzies do not provide insurance cover for Buyers. See condition 8 of the Conditions of Sale.

UNSOLD LOTS
If a lot does not reach the reserve, it is bought-in. In other words, it remains unsold and is returned to the consignor usually after a week in case there are any post sale offers. When the auctioneer hammers down a lot that fails to sell, they will not announce a bidder's number.

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AFTER THE AUCTION

PAYMENT
Under normal circumstances you are expected to pay for your purchases within 7 (seven) working days after the sale and to remove the property you have bought that day. Payment can be made by bank cheque, cash or electronic funds transfer. Arrangements can be made for credit card payment which will incur a surcharge of 1.1% for Visa or MasterCard and 1.7% for American Express. Menzies does not accept other types of credit card. If payment is made by personal cheque property will not be released until funds have been cleared.

Payment by electronic transfer should be made to: Menzies Art Brands Vendor Trust A/C

ANZ Banking Group Ltd.
353 Elizabeth St, Melbourne, Victoria 3000
BSB No. 013 040
Account No. 8369 13715
Please include your account code as a reference.

EXTENDED PAYMENTS
With the consent of the vendor, Menzies may offer extended credit terms to prospective buyers whose credit worthiness has been verified. For further information, please contact John Keats on +61 (0)3 9832 8700.

SHIPPING
After payment has been made in full, Menzies may, as a service to buyers, arrange to have the property packed, insured and shipped at your request and expense. We recommend that you request an estimate for any large items or property of high value requiring specialised professional packers. Menzies will not accommodate a buyer's request to roll canvases sold on stretchers or remove works from frames or mounts.

EXPORT LICENSING REGULATIONS
The export of any item sold at Auction from Australia or its import into another country may require both export or import licenses. It is the buyer's responsibility to inform themselves with respect to those licenses and where necessary, to obtain the appropriate licenses. Those licenses may be required under the Protection of Movable Cultural Heritage Act 1986, the Protection of Movable Cultural Heritage Regulations 2018 and Protection of Movable Cultural Heritage Amendment (2021 Measures No. 1) Regulations
2021.
The Protection of Movable Cultural Heritage Act 1986 prescribes objects of Cultural Heritage significance that require either an export certificate or a permit. There may also be other legislation that restricts or prohibits the export of a lot outside a State or Territory or the Commonwealth of Australia. Prescribed objects are disclosed in the National Cultural Heritage Control list. Enquiries should be made to the Cultural Property section in the Office for the Arts T: 1800 819 461 or email: movable.heritage@ arts.gov.au.
Menzies recommends that Buyers make appropriate enquiries of the relevant authorities. Buyers will be bound to complete a purchase notwithstanding the inability to obtain any relevant license.

COLLECTION
Buyers can pay and collect property the following day from Menzies rooms, provided payment is made by bank cheque, cash or electronic transfer. If payment is made by personal cheque, property will not be released until funds have been cleared. Due to space constraints Menzies require that purchases and unsold property be collected within thirty days after auction. If the goods remain after thirty days Menzies reserve the right to cause the property to be stored at the expense of the owner.

SALES RESULTS
Price lists and are available on request. Prices realised are also published on our website: menziesartbrands.com

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THE SELLER

AUCTION ESTIMATES
If you are considering selling your property, Menzies will provide a free initial estimate of its auction value.
Every Wednesday 2pm-5pm, our specialists are available and we offer the opportunity for sellers to bring their paintings to our Melbourne and Sydney offices for obligation-free appraisals. Alternatively send a via our website www. menziesartbrands.com or via email to art@ menziesartbrands.com a clear photograph of each item ensuring you include the dimensions, artist's signature, medium, physical condition and any other relevant information, Visits can also be made by our specialists. These are usually at no cost but a fee may be charged which is based on the scope and diversity of the collection. These fees will be rebated if you consign your property for sale at Menzies.

WITHDRAWAL OF PROPERTY
Without any prior notice to the Vendor, Menzies reserves the right to withdraw from sale the property or to have the property listed at any auction.

AFTER SALE NOTIFICATION
Within a few days after the sale, you will receive an after-sale advice listing the final bid price, or, in the event that the property failed to sell, notification that it was bought-in to be returned to you. At that time will be asked to provide your bank details for direct funds transfer Into your nominated account.
You will be remitted payment for your sold property approximately 35 (thirty five) days after the sale, provided payment has been received by us.

RESALE ROYALTIES
Prospective Purchasers' attention is drawn to the The Resale Royalty Right for Visual Artists Act 2009 (the Act) which came in to effect on the 8th June, 2010. Under the Act, artists and their beneficiaries are entitled to a 5% royalty on the resale price for certain resales of their work. The government has engaged Copyright Agency Limited (CAL) to collect and distribute artists' resale royalties, and there is information about resales on their website: resaleroyalty.org.au.
Menzies are obliged to provide information to CAL on all commercial resales for $1,000 or more, whether or not a royalty is payable on the resale.

MENZIES PRIVACY POLICY
At Menzies Art Brands Pty Ltd ACN 080 621 236 ("Menzies Art Brands") we are committed to protecting your personal information and keeping your art transactions confidential. This policy describes how Menzies Art Brands handles the personal information we collect.

UPDATES TO THIS POLICY
We may review and update this policy from time to time to take account of new laws, technology, changes to our operations and the changing business environment. Updates will be published on our website.

MENZIES ART BRANDS COLLECTION, USE AND DISCLOSURE PRACTICES
Menzies Art Brands collects, holds, uses and discloses personal information for our business functions and activities.

HOW AND WHY MENZIES ART BRANDS COLLECTS PERSONAL INFORMATION
The main way Menzies Art Brands collects your information is when you give it to us. You give us your personal information when you deal with Menzies Art Brands in any of the following ways:
- seek an art appraisal or valuation register for an auction
- bid on an auction item
- purchase art or valuation services from us store art with us
- register for or attend one of our events where photographs or videos may be taken
- sign up for/obtain a catalogue, publication or newsletter
- access or publish information on one of our social media pages
- visit or use our website and or complete a form on our website
- contract with, or provide goods or services to, Menzies Art Brands
- consign art to us for sale
- contact us by telephone, email, fax or through social media (see more below)
- have a conversation with one of representatives
- make a complaint to Menzies Art Brands
- otherwise interact with Menzies Art Brands

We may also collect personal information indirectly from third parties including for recruitment purposes. We do not buy or sell personal information.

SOCIAL NETWORKING
We use social networking services such as Facebook, Twitter, Instagram, YouTube or LinkedIn. If you communicate with us using these services we and the social network provider and its partners may collect your personal information. We do not control and are not responsible for the privacy practices of these services and you should review their privacy policies.

WHAT PERSONAL INFORMATION DOES MENZIES ART BRANDS COLLECT AND HOLD?
The information we collect may include your contact details (e.g. name, address, phone numbers, email address, postcodes), basic demographics (e.g. age, gender, occupation), Bank account details, credit card details for processing orders and payments. We may take and keep photographs, audio or video footage of auctions but only with participants' consent. We will not collect sensitive information from you unless you voluntarily provide it to us. We will not keep this if it is not needed.
If the information is provided for recruitment purposes, we might collect more detailed information about you that is relevant for assessing your suitability for a position with us such as your educational qualifications or employment history.

FOR WHAT PURPOSES DOES MENZIES ART BRAND USE OR DISCLOSE PERSONAL INFORMATION?
We will only use or disclose personal information provided for the purposes for which it was collected unless you have consented to us using or disclosing it, or you would reasonably expect us to use or disclose it for a different but related purpose, or as otherwise permitted by law.
We may add your contact details, including email address, to our mailing list for direct marketing purposes. If we contact you for this purpose an opt-out statement and facility will be available. If you do not provide Menzies Art Brands with the information required, we may not be able to provide the service you seek or respond or interact with you or, in the case of recruitment, to consider your application.

WITH WHOM DO WE SHARE INFORMATION?
We may share your personal information with our contractors, suppliers, IT and other service providers, insurers, venues where we conduct events and business partners, recruiters, referees or others as you would reasonably expect for the above purposes.

OUR WEBSITE PRACTICES: COOKIES AND OTHER TECHNOLOGIES
Following common website practices, Menzies Art Brands uses "cookies" and other technologies to collect non-personal data that enables us to better understand and improve the usability, performance and effectiveness of Menzies Art Brands's website and for reporting purposes. Cookies are unique text files sent to your browser and stored on your computer. We do not store any personally identifiable information with these cookies. Use of these third party cookies by our tracking utility company or service providers is not governed by this Privacy Policy. We do not have access or control over these cookies.
If you do not want Menzies Art Brands to send cookies to your browser, you can set your browser options to reject cookies or notify you when a website tries to put a cookie in your browser software. Rejecting cookies may affect your ability to use some of our website services.
Additionally, Menzies Art Brands gathers general information about visits to our website and stores this information in log files. This information is stored in anonymous profiles and is not associated with a user's account. This information includes the number of total visits to our website, and which browser is used to view our website (including the version number). No personal Information is contained in this data. Our current partners help us to track our website usage. No personally identifiable information is collected. Menzies Art Brands uses this information to understand traffic and downloads on our website, enabling us to improve the site, provide the best online experience possible and improve our ability to serve our customers.

LINKS TO OTHER WEBSITES
Our website may include links to other websites that are operated by third parties. We are not responsible for the content or operation of those websites or for any products, services or information contained in them or offered by them. You should review the privacy policy and terms and conditions of use of those websites when you visit them.

HOW DO WE STORE AND SECURE INFORMATION?
We take reasonable steps to protect all information which we hold from misuse, interference and loss, and from unauthorised access, modification or disclosure. However, as the transmission of data over the internet is not totally secure, we cannot guarantee the security of your data during transmission.
All personal information held electronically is kept on secure servers and protected by firewall security systems. We may also hold some personal information in hard copy such as recordings of auctions, consents, invoices and business cards. This information is subject to restricted access.

ANONYMITY
If it is lawful and practicable we will give individuals the option of not identifying themselves, or using a pseudonym when you contact us. For example, if you are making a telephone enquiry we may not need to collect your personal information. However, this may not always be possible.

ACCESSING YOUR PERSONAL INFORMATION, OTHER ENQUIRIES OR COMPLAINTS
If you wish to access the personal information we hold about you or you think that your personal information is inaccurate and needs correction, please contact us at the address below. We will take reasonable steps to keep your personal information accurate, complete and up-to- date. If you have a complaint concerning your privacy please also contact us. Any complaint will be investigated by our Privacy Officer and responded to in a timely manner.

CONTACT DETAILS
All privacy-related enquiries or complaints should be directed to:

The Privacy Officer
Menzies Art Brands
1 Darling Street South Yarra, VIC 3141
E: [email protected] (please mark emails ATTN: The Privacy Officer)

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CONDITIONS OF SALE
These conditions of sale constitute the entire agreement with the Buyer with respect to any lots listed for sale in the catalogue. Amendment to the catalogue descriptions may be made verbally during the course of auction or by appropriate posted notices. By bidding at auction, you shall be bound by the conditions set out below. The auction is conducted in Australian dollars.

1. CONTROL OF AUCTION
Menzies will have absolute discretion to determine the successful bidder should a dispute arise between the bidders and this includes the power to reject any bid, to cancel the sale or to re-offer the property in dispute.

2. LOTS SUBJECT TO RESERVE
All lots may be subject to a reserve price which Menzies shall act to maintain by bidding through the Auctioneer. The Auctioneer may place a bid on behalf of the Vendor and continue to bid until the reserve is reached. The reserve price is strictly confidential between Menzies and t he Vendor.
With respect to lots that are offered without reserve, unless there are already competing bids, the auctioneer, at his or her discretion, will generally open the bidding at 50% of the low pre-sale estimate for that lot. In the absence of a bid at that level, the auctioneer will proceed backwards at his or her discretion until a bid is recognised, and then continue up from that amount.

3. ABSENTEE OR COMMISSION BIDS
Menzies may accept any bid in the absence of the bidder by facsimile, internet, email or telephone however with respect to all such bids, Menzies accepts no responsibility to errors or omissions in connection with their execution.
Absentee bids submitted on 'No Reserve' lots will, in the absence of a higher bid, be executed at approximately 50% of the low pre-sale estimate or the amount of the bid if it is less than 50% of the low pre-sale estimate.

4. PROPERTY SOLD AS IS
Subject to any express warranty set out in these conditions of sale, all property is sold without any express or implied warranty or representation with respect to provenance or condition. No written or oral statement made at any time, shall constitute such warranty or representation. Each lot is sold 'as is', according to these conditions of sale.
Menzies is not able to and does not carry out exhaustive enquiries with respect to the accuracy or completeness of the provenance of a lot.
No entitlement to copyright in the lot can be assumed and there may be a reservation of copyright by the original Artist or other prior owners.
Bidders acknowledge these facts and accept responsibility for making their own investigations and inspections with respect to any lot in which they may be interested before the auction.

5. PURCHASE PRICE DEFINED
The purchase price payable by the Purchaser shall be the hammer price plus the buyer's premium together with any Goods and Services Tax. The buyer's premium is 25% (GST inclusive) of the hammer price. Payment of the purchase price as defined above is due in Australian Dollars.

6. G.S.T.
'G.S.T.' means the goods and services tax imposed by the A New Tax System (Goods and Services Tax) Act 1999 (Com) (as amended).
i. Menzies will sell the Property to be auctioned on a G.S.T. inclusive basis. The hammer price will therefore be inclusive of any G.S.T. payable. Menzies will invoice the Purchaser for the hammer price, inclusive of any applicable G.S.T. plus the buyer's premium, inclusive of G.S.T. Menzies will account to the Vendor for any applicable G.S.T. inclusive in the hammer price actually recovered from the Purchaser. The Vendor will be responsible to pay the G.S.T to the Australian Tax Office.
ii. The Purchaser must carefully assess whether input tax credits for any G.S.T. paid will be available. We recommend you contact your accountant or lawyer on this question.
iii. Menzies will make available a list of works which will be sold inclusive of G.S.T. in the hammer amount to intending bidders on request.
iv. Menzies will provide the Purchaser with a valid 'tax invoice' if G.S.T. is assessable on the sale.
v. Any overseas buyer eligible for exemption from G.S.T. must produce satisfactory proof to Menzies that the property has or will leave the country as an export within 60 days of its purchase.

7. RESALE ROYALTY RIGHT FOR VISUAL ARTISTS
As from the 9th June, 2010, The Resale Royalty Right for Visual Artists Act 2009 (Cwth) ('the Act') will apply to the commercial resale of Artwork. Menzies will rely on information supplied by the Seller and Copyright Agency Limited ('CAL') to determine whether Resale Royalty Rights ('Artists' Resale Royalty') are applicable. Buyers and Sellers must inform themselves of the provisions of the Act and take professional advice if necessary on its application to a sale and purchase governed by the Conditions of Sale which appear in this catalogue. Where the lot is considered to be subject to the provisions of the Act, the Seller will be notified by Menzies and / or CAL, and then be responsible to pay the Artists' Resale Royalty as defined.

8. INSURANCE
i. Menzies maintains their own insurance against their personal liability for some risks arising from insurable perils including fire, theft following forcible entry and water damage. The value of the Goods covered by Menzies policy is restricted to the gross amount realised at Auction, or in the case of Goods unsold at Auction, withdrawn or otherwise held prior to a sale, Menzies estimated auction realisation price - the 'reserve price'.
ii. Menzies own insurance will subsist until payment is made by the Buyer or, in the case of unsold Lots, until the expiry seven (7) days after notice from Menzies sent by prepaid mail, email or facsimile to the Vendor's last known address, email account or facsimile number requiring the Vendor to collect the same.
iii. A purchased Lot shall be at the Buyer's risk in all respects from date payment is due to Vendor whether or not payment has been made and neither Menzies nor the Vendor shall thereafter be liable for any loss or damage of any kind, whether caused by negligence or otherwise, notwithstanding that any Lot is in or under Menzies custody or control at the time of the occurrence of the loss or damage.
iv. Menzies advise all Buyers to arrange for their own 'all risks' insurance to cover their purchased goods effective from date for payment to protect their interests as Menzies can not warrant that the Vendor has insured its interests in the goods and that Menzies cover will extend to all risks.
v. Menzies does not accept responsibility for goods damaged by insect infestation or by changes in atmospheric conditions and Menzies shall not be liable for such damage nor for any other damage to glass or to picture frames. If the Lot is damaged or destroyed after sale and Menzies insurance company pays compensation which is then paid to or on behalf of a Buyer, the Buyer's premium shall still be payable by the Buyer in addition to the final bid price calculated in accordance with the Published Rates.

9. PENALTY INTEREST
If the Buyer fails to pay for the property within 30 days, and extended payment terms have not been granted, penalty interest shall run on the amount of monies outstanding from the date due for payment until the date payment is made at the rate prescribed by the Penalty Interest Rates Act (Vic) plus two percentum. In the event of the Buyer being in default of his/her obligation to pay and the overdue account is then referred to a debt collection agency, and/or law firm for collection the commission payable calculated on the basis of the debt being paid in full and legal costs incurred either directly or by collection agency on an indemnity basis shall be added to the amount outstanding and form part of the debt.

10. COLLECTION OF PROPERTY SOLD
The Purchaser may only remove the goods from the Auction Room of Menzies once the property has been paid for in full. All lots sold must be removed from the premises of Menzies no later than 30 (thirty) days from the date of sale. If the goods have not been removed by this deadline the goods may be transferred to a public warehouse or stored privately and all storage freight and other associated costs shall be to the Purchaser's account.

11. HANDLING AND PACKAGING
Buyers should make own arrangements for shipping of goods including transit insurance. Menzies will assist Buyers to identify Carriers who will undertake to handle goods at the Buyers direction. If Menzies introduce Buyer to Packers or Shippers no recommendation is to be implied.

12. REMEDIES OF MENZIES
If the buyer is in breach of any of the conditions of sale then Menzies may choose to take the following action:
i. Cancel the sale, retaining as liquidated damages any payment made by the buyer.
ii. Re-sell the property without any minimum price at the next auction of Menzies or privately on 5 (five) days notice to the Buyer.
iii. Take any other action Menzies may deem necessary.
The remedies set out above are in addition to any other remedies Menzies may have either at common law or equity and any deficiency that may exist between the purchase price and the price paid upon re-sale shall be to the account of the defaulting buyer including all costs and expenses, warehousing and expenses of both sales and Solicitor's costs on a Solicitor/ Client basis.
In the event a defaulting buyer has made a part payment Menzies reserves the right to apply such payment to any such lots at its sole discretion. Any defaulting buyer will also be deemed to have granted us a security interest in any property that is in the custody of Menzies.

13. BUYER'S REMEDIES
The buyer acknowledges that Menzies under no circumstances shall be responsible for any indirect or consequential loss or damage including loss of profits for any acts or omissions that have occurred before, during or after the course of an auction. The buyer acknowledges that its damages shall be limited to the original purchase price paid for the lot.

14. CHOICE OF LAW
By bidding at an auction whether present, in person or by agent or by absentee bid, the buyer shall be deemed to have consented to the exclusive jurisdiction of the Courts of the State in which the Auction is conducted.

15. REFUND IN CASE OF FORGERY
In the event of proven forgery Menzies will refund to the buyer the purchase price of the lot. This refund will only occur provided the following conditions are met:
i. The buyer must produce evidence from two independent experts who both agree that the lot is a forgery. Menzies reserves the right to request further expert evidence if, in its sole discretion, it is not satisfied with the findings of either expert.
ii. The buyer must provide written notification to Menzies within 4 (four) years of the auction date of the forgery allegations.
iii. The buyer must return to Menzies the allegedly unauthentic lot within 14 (fourteen) days of notifying Menzies of any lack of authenticity.
No refund will occur if there is any conflict of opinion among accepted experts in the field or if it can be demonstrated that the lot is a forgery only by means of scientific process that could damage or otherwise jeopardise the condition of the lot and which scientific techniques were not commonly employed until after the publication of the catalogue.
This guarantee is for the benefit of the buyer only and cannot be assigned. Such buyer must have remained the owner of the property without disposing of any interest in it to any third party up until the time the alleged forgery was discovered

16. EXPORT LICENCE
Any application for an export license by the buyer pursuant to any of the following:
1. The Movable Cultural Heritage Act (1986); &
2. The Protection of Movable Cultural Heritage Regulations 2018. Any other legislation or regulations that may prohibit the movement of or export of a lot from State to State or Territory and/or out of the Commonwealth of Australia; shall not affect the obligations of the buyer to make payment to Menzies within the time stipulated by these conditions. Unless there is an express written agreement by Menzies to make an application for an export license on his or her behalf, then all disbursements and out of pocket expenses that relate to such an application shall be to the buyer's account.

17. PRIVACY OF INFORMATION
Menzies ensures client confidentiality and use of personal information in accordance with its Privacy of Information Policy as stated in this catalogue. Clients when registering to bid or choosing to attend public events held by Menzies agree to the collection, use and security of personal information in accordance with the policy.

18. AFTER AUCTION SALES
Any post auction sale of lots offered at auction shall incorporate these Conditions as if sold in the auction.

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CATALOGUING PRACTICE & TERMS

ARTIST'S NAMES
Menzies use the National Gallery of Australia's publication, Australian Art: Artist's working names authority list and are using the common names of the artists rather than their full names.
For example: Tom Roberts rather than Thomas William Roberts; Rupert Bunny rather than Rupert Charles Wulsten Bunny; John Brack rather than Cecil John Brack. In the case of Aboriginal works of art, the artist's full name including skin group is used. Terms used in this catalogue have the meanings ascribed to them below. Please note that all statements in this catalogue as to Authorship are made subject to provisions of the Conditions of Sale and neither Menzies or the Vendor assume any liability or responsibility for the authenticity or authorship of any lot in this catalogue.

1. RUSSELL DRYSDALE
In Menzies' qualified opinion a work by the artist.

2. ATTRIBUTED TO RUSSELL DRYSDALE
In Menzies' qualified opinion a work which may be in whole or part the work of the artist.

3. AFTER RUSSELL DRYSDALE
In Menzies' qualified opinion a copy of the work of the artist.

4. 'SIGNED'
The work has a signature which in Menzies' qualified opinion is the signature of the artist.

5. 'BEARS SIGNATURE'
The work has a signature which in Menzies' qualified opinion might possibly be the signature of the artist although there is an element of doubt.

6. 'DATED'
The work is so dated and in Menzies' qualified opinion was executed about that date.

7. 'BEARS DATE'
The work is so dated and in Menzies' qualified opinion may possibly have been executed about that date although there is an element of doubt.

8. 'PROBABLY' (AS RELATED TO PROVENANCE, EXHIBITION HISTORY OR LITERATURE)
Based on the Information and research materials available to Menzies at the time of catalogue publication, the work Is very likely to have been sold, exhibited or referenced as follows.

9. 'POSSIBLY' (AS RELATED TO PROVENANCE, EXHIBITION HISTORY OR LITERATURE)
Based on the Information and research materials available to Menzies at the time of catalogue publication, there Is some likelihood of the work having been sold, exhibited or referenced as follows.

Shipping Terms

Auction House will ship, at buyer's expense.

Menzies is pleased to offer complimentary delivery of your purchased work(s) of art from Sydney to Melbourne on a shuttle service departing Friday 1 September. As Menzies' South Yarra premises are currently closed for renovations until early November, please contact our Transport & Display Manager, Fraser Harvey, or our Head of Administration, Registry & Post-Sale Services, Katarina Semenjuk, to arrange collection of your work(s) of art.