ACCC alleges misleading and deceptive conduct by Indigenous art dealer
The Australian Competition and Consumer Commission has instituted proceedings in the Federal Court, Brisbane, against the operators of Doongal Aboriginal Art and Artefacts.
Mr Farzad Nooravi and Mrs Homa Nooravi operate Doongal in partnership. Doongal is an unincorporated business registered in Queensland.
Doongal operates two art galleries in Kuranda and an art gallery in Cairns. Until recently it also operated a website at www.doongal.com.au.
The ACCC alleges Mr and Mrs Nooravi misrepresented that three of the artists whose works Doongal promoted and sold were of Australian Aboriginal descent when in fact those artists are not of Aboriginal descent. The artists are Mr Stephen McLean (who uses the tribal name 'Duk Duk'), Mr Paul Whiteman (who uses the tribal name 'Kulangu Balanda') and Ms Diane Sharp.
The ACCC alleges that Mr and Mrs Nooravi represented those artists were of Aboriginal descent:
through statements on the website that products offered for sale by Doongal were 'Aboriginal Art', 'Aboriginal Artefacts', 'Authentic Aboriginal Art' and 'Aboriginal Art in the traditional sense'
through representations on signs inside and outside the galleries that products offered for sale were 'Aboriginal Art', 'Aboriginal Artefacts', 'Local Aboriginal Art' or 'Aboriginal Fine Art and Artefacts', and
by affixing cards bearing the words 'Certificate of Authenticity of Original Aboriginal Art' to artworks by Mr McLean, Mr Whiteman and Ms Sharp.
The ACCC is seeking:
declarations that Mr and Mrs Nooravi engaged in misleading and deceptive conduct in contravention of section 52 of the Trade Practices Act 1974
injunctions restraining Mr and Mrs Nooravi from engaging in similar conduct in the future
an order requiring Mr and Mrs Nooravi to write to purchasers of artworks produced by any of the three non-Aboriginal artists, advising them of the court proceedings, and
costs.
In addition, the ACCC will be requiring Mr and Mrs Nooravi to provide it with a court-enforceable undertaking that they will implement a trade practices law compliance program.
The matter has been listed for a directions hearing on 29 August 2008 before Justice Logan in the Federal Court, Brisbane.
