Draft:Briann Kearney (producer)

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briann kearney

• JINDALEE LADY (1992)
• Produceer : briann kearney (1941 +)
• Director : Brian Syron (1934 - 1993)

Education - briann kearney

Lady Hays Primary School, North Sydney Girls High School, BA (Communications) NSW Institute of Technology (1978) (NSWIT aka UTS), M.Gen.Studs (Media) University of NSW - UNSW (1982)

Background : 1968 to 1980

In 1968 Kearney was invited to a production of FORTUNE AND MEN'S EYES at the Ensemble Theatre, Kirribilli, Sydney for which the play's director Brian Syron won the 1968 National Drama Critics' Circle Award for Best Director and was regarded as one of Australia's leading producers.

Syron began teaching Master classes in drama and Kearney auditioned and was accepted studying with Syron from 1968 - 1970 initially at the Church of England Hall, Oxford St., Paddington and then the Arts Council of New South Wales, Cnr. Stanley & Crown Sts. Darlinghurst. Kearney's booklet is a rare example of Syron's acting technique based on the Konstantin Stanislavsky method that he studied in New York under Stella Adler. Syron is the first Australian to undertake training with Ms Adler and the first ATSI to study drama in New York.

The professional and personal friendship between Kearney and Syron lasted until his death and they worked together on various projects. Syron played "Teapot" in JEREMY AND TEAPOT (1976) produced by Kevin J. Kearney, written and directed by Kearney, narrated by Jack Thompson AM with Patrick Thompson as "Jeremy" and music composed and directed by Stephen Dunstan. The film was awarded Best Film - Drama - 3rd Annual Women's International Film & Video Festival, Tucson, Arizona, U.S.A.

From 1978 - 1980 Kearney worked with Syron on his semi autobiographical film script CAPE HAWKE covering in part Syron's time incarcerated in the same institution as poet Robert Adamson . In 1980 no First Nation person had ever directed a feature film and Syron was unable to raise the finance to realise the production of CAPE HAWKE which dealt with "causes and issues" relating in part to a family murder, life on an Aboriginal mission and life in a high security prison.

Outline - JINDALEE LADY (1992)

JINDALEE LADY was the first feature film directed by a First Nation director, Eora-Birripi Brian Syron, the first feature film with a First Nation music director / composer Pitjantjantjara-Kokatha - Mirning Bart Willoughby AM and the first feature film with a First Nation Costume Designer Gadigal Stephen Fitzgerald. The film's stars are Kaku Yalanji actress Lydia Miller, ATSI Arts impresario Michael Leslie MFA with co-lead non ATSI actors Patrick Ward and Joanna Lambert, ATSI actor Michael Watson, Yorta Yorta actress/singer Betty Little, ATSI actress Julia Matthews and ATSI models Delores Scott and Eualarayi/Gamillaroi Larissa Behrendt plus the Aboriginal & Torres Strait Islander Bangarra Dance Theatre in their first professional appearance. The cast and crew credits for this film are referenced in full on IMDb.

Development - JINDALEE LADY (1992)

On 8 February, 1983 Kearney sought advice from Syron regarding casting of the feature film JINDALEE LADY. At this stage Kearney was under contract to the Graduate Program of the Australian Film TV & Radio School and was working with a feature film producer regarding directing JINDALEE LADY. However, on 19 December, 1983 both parties reached an amicable agreement to dissolve their partnership and the film was shelved until 10 July, 1985 when at the completion of her AFTRS contract Kearney turned again to the idea of directing JINDALEE LADY and again sought Syron's advice which he freely gave.

Syron met with Kearney at her home in Rozelle, Sydney advising her that since she had made no inroad towards directing her project he was interested in directing the Australian Film Commission (AFC) funded script JINDALEE LADY written by Kearney and dealing with Fashion, Dance and Music, if the film's cast was predominantly First Nation and if it included First Nation people in crew roles that allowed them to expand their knowledge of feature film production. Kearney was very happy to take on the role of producer and support the concepts of a director with Syron's qualifications.

Pre-Production - JINDALEE LADY (1992)

• January, 1990 to April, 1990

An application for production funding was made to the AFC by Kearney but it was rejected and she was told Aboriginal people should be making films about "causes and issues" . Kearney had discussions with several interested parties with little success and by 1990 Syron's health appeared to be very fragile. Still a small team of committed filmmakers kept working towards a possible production date when funding was received.

Production - JINDALEE LADY (1992)

• 30 April, 1990 - 20 May, 1990

On 30 April, 1990 Gordon H. Damon of Kahala, Oahu, Hi. a 4th generation missionary descendant on the board of the Waikiki Aquarium, The Oceanic Institute and the Bishop Trust stepped in and philanthropically invested enough funds with Kearney to pay for the 21 day shoot.

Post Production - JINDALEE LADY (1992)

• 1 June 1990 - 22 August, 1992

Following completion of the shoot Kearney applied for AFC post production funding which was allowable under AFC guidelines. The application dated 7 August, 1990 was rejected so Post Production ceased while Kearney sought to raise private funding.

As a First Nation person Syron followed an Indigenous cultural pattern, i.e. the ATSI community was involved in his work at all stages of the film. On 3 October, 1990 Syron informed Kearney that given no ATSI person had ever directed a feature film it clearly indicated unequal opportunity in the segment and it was required of him to fight for the right of his people to have equal opportunity in the Australian film industry.

Ray McCann of Radio Redfern interviewed Syron on 8 November, 1990 along with his star Lydia Miller, actress Julia Matthews and model Larissa Behrendt. Film Editor Zsolt Kollanyi heard the interview and contacted Kearney offering to edit a 23 minute promo with the assistance of editor Ann MacKinolty to help secure the post production funding that was required for his long time friend Syron. Kevin J. Kearney approached his friend Stuart Quin co-founder of Latent Image and he generously gifted an edit suite to Kollanyi. The finished promo was then shown at various times to the following ATSI representatives who forwarded letters to the AFC in support of Syron's work as director of JINDALEE LADY :

• Millie Ingram, Asst. Director, Office of Aboriginal Affairs, N.S.W. Premiers Dept. (undated)
• Leslie Bangama Fogarty, Director, Aboriginal Arts Unit, Australia Council - 29.11.1990
• Dr. Roberta Sykes, Executive Officer, Black Women's Action - 6.12.1990
• Dr. Naomi Mayer OAM, Administrator, Aboriginal Medical Co-operative, 29.11.1990
• Linda Burney, President, NSW Aboriginal Education Consultative Group - 3.12.1990
• Alanna Rose, La Perouse Aboriginal Land Council - 11.12.1990
• Jon Alderman, National Aboriginal & Islander Skills Development Assoc. - 14.12.1990
• Lyall Munro, Research Officer, National Aboriginal & Islander Legal Services - 18.12.1990
• Cecil Patten, Executive Officer / Acting Administrator, Aboriginal Legal Service - 19.12.1990
• Shiralee Carrol, Administrator, Murrawina, Multi-purpose Aboriginal Education Centre (undated)
• Lowitja (Lois) O'Donoghue CBE AM, Chair Aboriginal & Torres Strait Islander Commission - 19.2.1991

On 31 December, 1990 Syron advised Kearney that he now had leukaemia

Following the submission of letters of support the AFC contacted Kearney in January, 1991 and advised her that it was willing to reassess her post production application on 12 February, 1991. However, Syron requested that the film be withdrawn from this process after one of the assessors informed him that they were told at the beginning of the assessment process that the AFC would be the laughing stock of the film industry if they funded the film.

The Sydney Morning Herald Features Editor, wrote on 27 February, 1991 regarding the withdrawal of JINDALEE LADY from the AFC's investment procedure..

Syron informed Kearney that his people required him to take the matter of "Equal Opportunity Above the Line for ATSI feature filmmakers" to the Human Rights & Equal Opportunity Commission. Syron then phoned the AFC and advised an AFC Project Officer of his decision and he was told that he could go to whoever he wanted - it made no difference to the AFC.

The Human Rights & Equal Opportunity Commission (HREOC)

At Syron's request Kearney accompanied him to his meeting with Ms Irene Kwong Moss AO, Commissioner of The Human Rights & Equal Opportunity Commission to discuss ATSI "Above the Line" in the Australian government funded feature film industry

The Aboriginal & Torres Strait Islander Commission's Chair, Ms Lowitja (Lois) O'Donoghue CBE AM, advised Kearney that JINDALEE LADY had been awarded a Grant to fund the Aboriginal component of the music sound track with a further component to pay Syron for his continued work on the film.

Ms Moss formally advised Syron that HREOC had asked the AFC to respond to questions raised by Syron relating to "Equal Opportunity" for ATSI "Above the Line" in the Australian feature film industry.

Funding for the post production cost of editing JINDALEE LADY in Los Angeles was assisted again by Gordon Damon.

The Sydney Morning Herald announced that Syron's film would be edited in the U.S.A. and on 27 April, 1991 Kearney moved the editing of JINDALEE LADY off-shore to the U.S.A.

The AFC's Policy Advisor contracted an ATSI anthropology student to undertake a book about Aboriginal involvement in the Australian film industry including the unedited JINDALEE LADY

The fine cut was completed in Los Angeles with the Australian contingent returning home in early July 1991. Syron entered hospital and asked Kearney to undertake the HREOC research.

On 23 August, 1991 the first draft of the book WELL I HEARD IT ON THE RADIO & I SAW IT ON THE TELEVISION (WIHIOTR) (© AFC) was delivered to the AFC by the ATSI author using, unauthorised, JINDALEE LADY as a "Case Study" while the film was seeking post production funding and three (3) months before the HREOC hearing. WIHIOTR draft copies were then sent to the London International Film Festival and the British Film Institute

Further from 23 August 1991 onwards, free versions of the AFC's book, WELL I HEARD IT ON THE RADIO & I SAW IT ON THE TELEVISION, containing 8 pages of critique denigrating ATSI director Syron's sexuality and charging him with racism and sexism while suggesting Kearney was promoting a false provenance were sent to national and international organisations including international and national film festivals, peers of both Syron and the Music Composer / director, cast and crew, international and national universities, media professionals in the United Kingdom, United States and Australia, media magazines, newspapers, various individuals, institutions, and members of State and Federal government plus others

Kearney completed Syron's 50 page HEROC research submission at the end of August, 1991..

POLICY WANTED ON ABORIGINAL FILMS & ISSUES - Syron put forward his concept that the major issue was the need for Aboriginal people to gain control of the images presented of them, saying "It's victim .. victim .. victim we need positive uplifting images."

Letters supporting the fine cut of JINDALEE LADY were forwarded to HREOC by

• Stuart Pappe, Producer, Columbia Pictures Beverly Hills Ca & New York NY 8.30.1991
• Michael McLean, McLean Epstein, Casting Director & Personal Management, Studio City, U.S.A. 8.29.1991
• Stewart Schill, Editor, Burbank, CA 8.30.91
• Diane Dimeo & Associates, Casting Director, Studio City, CA., 8.30.1991

Dr. Roberta Sykes wrote an article under the heading BLACK FILM FUNDING FURORE addressing the protracted struggle between an Aboriginal director and the Australian Film Commission over the first feature film to be directed by an Aborigine.

The HREOC meeting took place on 15 November, 1991. Research presented covering "Above the Line" feature film workers in the period 1968 - 1991 showed two different Trade Practices - one for non ATSI and one for ATSI -

1968 - 1991

• ATSI Producers NIL
• ATSI Directors NIL
• ATSI Writers 1 Robert J. Merritt

THE CAKE MAN (1977) TV movie - Robert J. Merritt, THE CITY'S EDGE (1983) co-written by Robert J. Merritt with Ken Quinnell & W.A. Harbinson and SHORT CHANGED (1986) co-written by Robert J. Merritt with Ken Quinnell

As at 1991 there were no ATSI employed in executive positions at either by HREOC or the AFC.

Syron represented himself and requested and was supported by Dr. Roberta Sykes , Eualarayi Paul Behrendt, First Fellow at the University of New South Wales , his daughter Eualarayi/Gamillaroi Larissa Behrendt a Law graduate from UNSW, Stephen Friend of the Aboriginal Legal Service and producer briann kearney.

The AFC were represented by AFC Chief Executive / Commissioner & Head of Cultural Activities, the Principal Advisor - Film Development, Director - Film Development and the Corporate Solicitor. The government funding body considered the facts and offered post production / marketing funding to Kearney on the same day - 15 November, 1991. Kearney accepted the AFC's offer with its commitment to meet Syron's five (5) conditions :

• The AFC to develop policies and guidelines in relation to funding films with ATSI involvement in "Above the Line" positions.
• A fulltime ATSI executive be part of the decision making process working on both ATSI and non ATSI submissions - not just ATSI.
• Dialogue to occur with ATSI groups - urban, fringe and remote or in the terms applied to non ATSI - urban, suburban, rural.

Two (2) of Syron's five (5) conditions were required to remain confidential.

The Sydney Morning Herald published an article which cited Brian Syron as one of Australia's leading directors who led a revolution in Australia's approach to and evaluation of theatre production along with John Tasker, Jim Sharman, Rodney Fisher and Helmut Balaitis

Post Production Cont. - JINDALEE LADY (1992)

A letter was received by Kearney requesting the screening of JINDALEE LADY for Pierre Rissient the 1992 Cannes representative indicating that if the film was not screened it could delay funding for the sound mix.

There was no completed edit, no music and no sound mix but Kearney was advised that Mr. Rissient viewed some prints without sound and he was able to judge a film at any stage of production because he had viewed SWEETIE in 1989 at double head.

The film was screened for Pierre Rissient. Mr. Rissient sat through seven (7) U-matic videos of a work print with 10 minute breaks between each tape, an unfinished sound track, no music and no final mix. He was astounded and told Syron he had never seen a film at this stage of production in his entire working life. He also added that he was very surprised to see that the film was a melodrama. Syron replied Aboriginal people, like many non Aboriginal people, enjoy the odd melodrama but they have never had the chance to see one starring themselves.

Screenings - JINDALEE LADY (1992)

• Cast & Crew Screening
• 1 June, 1991, Chauvel Cinema, Paddington

AFC funds were withheld for the Cast & Crew Screening of JINDALEE LADY and so the screening was gratefully funded by the N.S.W. Film & TV Office and the Premier's Department, New South Wales Office of Aboriginal Affairs. Invitees included Mr. Robert Tickner, Federal Minister for Aboriginal Affairs who appears in the "Fashion Parade" sequence of JINDALEE LADY.

Ms Lowitja (Lois) O'Donoghue CBE AM consented to open the screening but was unable to attend due to illness. Her speech was read on her behalf by Syron's long time friend and former student, leading Aboriginal actress Justine Sanders AM. It spoke of the importance of the occasion citing JINDLEE LADY as a significant development in the film industry of Australia helping to diminish prejudice by providing images of talent and success.

• Inaugural Brisbane International Film Festival
• 22 August, 1992

Kearney received an invitation from BIFF to screen the answer print of JINDALEE LADY for the "Tribute to Charles Chauvel" at the Chauvel Cinema, University of Queensland, St. Lucia, Brisbane, Qld.

Dr. Bruce Molloy a convenor of BIFF wrote that, among other things, JINDALEE LADY was unique in its concern with the life of successful middle-class urban Aborigines

The AFC funded FilmNews featured a 2 page article about BIFF which included one sentence about JINDALEE LADY by Paul Kalina who noted that local filmmaking was evidenced by Brian Syron's JINDALEE LADY a low budget Yuppie soap opera with mostly urban middle class Aboriginal characters.

JINDALEE LADY was invited to 2 overseas festivals and on 26 June, 1992 an application was made by Kearney for the Marketing funding agreed at HREOC 10 months previously. However, only a minimal amount was received on 9th September,1992 some time after Syron and Kearney had left for Edmonton Canada. No further Marketing funds were received by Kearney from the HREOC agreement and as a result the AFC's contract has never been completed.

Kearney's expenses involved in this overseas Marketing venture were met by Damon except for Syron's air fare which was paid through the Aboriginal & Torres Strait Islander Section, Cultural Relations Branch, Federal Dept. of Foreign Affairs & Trade (DFAT), Canberra, ACT. Syron believed that it was his right that his airfare be paid by the federal government of his country.

• Dreamspeakers International Film Festival of First Nations, Edmonton, Canada
• 21 - 23 September, 1992

JINDALEE LADY screened at Capitol Square, Edmonton and was recognised Best Feature Film (it was the only feature film) at the Festival and it was said that JINDALEE LADY was considered to be the first feature film to ever be directed by any First Nation film director.

Mark Horton's review : A DIFFERENT VIEW OF ABORIGINAL LIFE : JINDALEE LADY felt North American audiences were given a different and often compelling view of urban Australian Aboriginal life describing Greg (Michael Leslie) as a handsome urbane Aboriginal "whose sense of self and honesty made him irresistible" going on to say that Leslie's Greg was a flawless blend of strength and gentleness.

• Hawai'i International Film Festival,
• The University Theatre, Honolulu
• Screening - 1 December, 1992
• JINDALEE LADY was nominated 1992 HIFF Best Feature Film - East-West Award

Janette Paulson, Director of the Hawai'i International Film Festival had previously advised Kearney that JINDALEE LADY was nominated Best Feature Film - East-West Award and the film screened to a full house and a great reception.

Paulson had also asked if Syron would introduce the film at various screenings in Oahu and the Neighbour Islands . Syron was unable to absent himself from hospital for that length of time but he opened the film on Oahu and Lydia Miller, the film's leading actress, generously travelled to the Neighbour Islands as the film's representative. Miller's air fare to Hawaii was covered by the AFC's Directorial fund available to all directors (non ATSI and ATSI) and transferred to her through the courtesy of director Brian Syron.

Burt Burlingame wrote that in an interview with Bart Willoughby he spoke about the stars and how Aboriginal people see their star patterns so in the blink of an eye what has always been there is seen two different ways and Syron said Aboriginal people are now lawyers, doctors, teachers and even filmmakers although many people in Australia have never met an Aboriginal person...

• Hawai'i International Film Festival
• Neighbour Island Screenings
• Maui, Hawai'i & Kauai

The "Maui Scene" wrote that JINDALEE LADY replaced the portrayal of Aboriginals as drunks with a film that tells of an Aboriginal fashion designer and going on to say that JINDALEE LADY received emotional responses and turn away audiences at its various Island screenings.

On 11 December, 1992 Fullbright Scholar at Queensland University, Susannah Layton wrote that it was surprising to see the great reception given to the Australian drama JINDALEE LADY which was panned by critics in Australia but was one of 4 nominees for the overall 1992 HIFF East West Award.

Hawaiian Jeff Clark, Office of Hawaiian Affairs, wrote a lengthy article about JINDALEE LADY which was acclaimed for its positive portrayal of Aborigines citing his own interview with Lydia Miller who commented while she was in Hawaii that she hoped United Nations Year of Indigenous People would bring greater community awareness of indigenous people and their value.

The Council for Aboriginal Reconciliation formed under the Aboriginal Reconciliation Act 1992 called for television networks to include Aboriginal actors and themes in television soap operas. Syron believed this was a step forward as ATSI could now work, as he had done, in genres other than those of an anthropological and ethnographic nature.

On 10 February, 1993 Kearney received a phone call from Damon who had been told by associates in Hawaii and Los Angeles that a book unfavourably highlighting JINDALEE LADY was published by an Australian federal government organisation and he asked Kearney to get back to him and let him know what was happening to his investment.

In his newspaper article Kevin Sadlier was pleased to report that JINDALEE LADY the first feature film directed by an Aboriginal, Brian Syron, was earning success on the international film festival circuit

On 1 March, 1993 Syron and Kearney applied for a 1993 Literary Fellowship from Australia Council to write KICKING DOWN THE DOORS - A HISTORY OF FIRST NATION FILMS 1968 - 1993 which would include the Kearney's research that was presented to HREOC by Syron.

• Donation Fundraiser - SWAAG / Community Aid Abroad
• 13 March, 1993 at Brighton Twin Cinemas, Canberra, A.C.T.

Kearney received a letter asking if JINDALEE LADY could be screened at a private fundraiser for Community Aid Abroad /SWAAG (Solidarity with Aboriginal Australia Group) which the writer said he represented and which he said had endorsement from the Council for Aboriginal Reconciliation and the Ngunawal Local Land Council .

Kearney agreed to the screening and attended on behalf of Syron who was hospitalised. The Federal Minister for the Arts & Administrative Services opened the film and then immediately left the theatre catching Kearney on his way out and asking her why she had produced a film like JINDALEE LADY

Some days later Kearney was sent a clipping in the mail written by a film critic who was asked to write a critique by the non ATSI employee of Federal Arts & Administrative Services, the representative of SWAAG who had requested the use of the film for a private fundraiser.

Dougal MacDonald wrote that JINDALEE LADY is a soap opera but, he asked, is that what Aboriginal people want to watch in films made about their people... Offering a fantasy of Aboriginal success - an Aboriginal woman living a totally gubba lifestyle which he commented was an Aboriginal word for whities. MacDonald told his readers the film ignores the real issues for ATSI people... Whities he advised have a similar situation with soaps like DALLAS but he wrote, unlike Aboriginals we whities are better able to cope.

Kearney, as producer of the film, wrote to MacDonald saying that Brian Syron who was born in a Balmain slum in 1934 the son of a Birripi father who worked as a coal loader on the Balmain wharf, was entitled to make a "soap opera" if he wanted to. Syron had lifted himself up from poverty to become an internationally recognised and award winning director and teacher, and was living a lifestyle probably not much different from MacDonald. The real issue is that ATSI people are entitled to live just like MacDonald because Aboriginal success is not a fantasy it is a growing reality.

At the end of May, 1993 Mark Gilfedder, DOP on JINDALEE LADY, contacted Syron and asked him if he knew of a book about his film which was mentioned on ABC Radio 2BL. Syron said he did not and contacted Kearney from his hospital bed on 1 June, 1993 and asked her to see if she could find out anything further.

On 7 June, 1993 Kearney was approached by a radio station to comment on a book by the AFC. Kearney advised that she knew nothing about such a book but she now believed that it was the same book Damon, Gilfedder and Syron had spoken about so she phoned the AFC the next day and asked if they had published such a book. The AFC employee said he could not say but would put the call through to the AFC Policy Advisor who, in turn, said he couldn't just fax the paragraph that related to JINDALEE LADY but would send a copy of the book.

The Sydney Morning Herald published an article stating that an ATSI author was commissioned by the AFC to write a book titled WELL I HEARD IT ON THE RADIO AND I SAW IT ON THE TELEVISION in 1991 while the AFC was facing very public ethical accusations. The ATSI author condemned Syron for promoting his star as a successful woman because he did not want to show ATSI as drunks and victims. The ATSI author then asked why it was OK for Syron to show the female star as a "brainless bimbo but not as an habitual drunk". Mr. Hewitt (the article's author) asks, as the main character is an ambitious successful business woman, to whom is she referring when she speaks of a brainless bimbo?

• UNIYIP Screening Woodstock - JINDALEE LADY (1992) + WHAT'S LOVE GOT TO DO WITH IT (1993)
• 25 July, 1993 at The Tinker Street Cinema, Woodstock, New York.

On 14 July, 1993 longtime Woodstock resident cinematographer / stills photographer and author Barry Feinstein , viewed JINDALEE LADY in Los Angeles and, supported by Sally Grossman who with her husband Albert Grossman co-founded Bearsville Recording Studios, Woodstock, suggested JINDALEE LADY as a double with WHAT'S LOVE GOT TO DO WITH IT (1993) co-written by Tina Turner for Woodstock's contribution to the 1993 United Nations International Year of Indigenous People (UNIYIP).

An article appearing in the "Woodstock Times" said JINDALEE LADY had its U.S. premiere at Tinker Street Cinema and was enthusiastically received by an audience from New York and the surrounding Woodstock area. The project stalemated in development until the Aboriginal director Brian Syron revamped the project into a story about an intelligent Aboriginal woman running a couture salon while wedded to a wealthy white man then choosing to leave him. The writer commented that while JINDALEE LADY is no masterpiece the fact that it exists at all makes cinematic history. Amazingly the (Australian) Commission derided Miller's character as a "brainless bimbo" but the screening of JINDALEE LADY was considered a successful Woodstock contribution to UNIYIP.

Australia Council Literary Fellowship

Syron and Kearney were advised on 5th October 1993 that they had been awarded a 1993 Australia Council Literary Fellowship. Syron was in hospital and Kearney visited him in his private room at the isolation AIDS clinic at Prince Henry Hospital, Coast Hospital Rd., Little Bay to celebrate their successful application which now allowed them to document the historical research that had been collected in the course of his HREOC submission for "Equal Opportunity".

Ten days later on 15 October, Syron's very close and long time assistant director, Anne Robertson-Swann phoned Kearney to come to the hospital. Kearney joined Anne along with Syron's longtime artistic associate, actress Clare Dunn and briefly said her farewell to her dear friend, director and mentor. Brian Syron died late that evening with his family around him.

• KICKING DOWN THE DOORS - A HISTORY OF FIRST NATIONS FILMS 1968 - 1993 INCLUDING NON INDIGENOUS FILMS FOR AND ABOUT INDIGENOUS PEOPLE (1996) was published in a Limited Edition of 25 copies which were distributed to the ATSI people and organisations that had supported JINDALEE LADY - Written by Brian Syron / briann kearney © Brian Syron / briann Kearney

Helen Littleton in a Memorandum to Lyn Tranter wrote : I thought it was wonderful ... and I think it is an important work, providing a much needed Aboriginal perspective on the history of the Oz film industry ... but to be perfectly honest I don't think I could garner enough support for it here.

• KICKING DOWN THE DOORS - 2nd Edition (2007) was removed from publication

• KICKING DOWN THE DOORS- A HISTORY OF FIRST NATION FILMS 1968 - 1993 (2015) - 3rd Edition - written by Brian Syron / briann kearney ©️briann kearney / Daniel Syron (Brian Syron's nephew). This edition contains copies of all letters etc. that were sent in support of Brian Syron's position as the first ATSI to direct a feature film and which were not included in the First Edition.

Anthony L. Jones, of Eora Centre for Aboriginal Studies, found KICKING DOWN THE DOORS - a survey of Aboriginal involvement in Australian film from 1968 - 1993. the most unusual compendium he had ever read - "as much a personal diary as a list of productions." Even though it only covers the period up to 1993 Jones says this book is a must read for all researchers of Australian Indigenous media studies..

Federal Court of Australia (FCA)- 1994 - 1998

Gordon Damon sent a letter via his Hawaiian attorney to the Australian government's film funding body requesting information relating to the organisation's possible role in the devaluing of the copyright of a film in which he invested through the international dissemination of its ATSI author's book WELL I HEARD IT ON THE RADIO (WIHIOTR) with its unauthorised use of the film JINDALEE LADY while it was privately owned and before it found a distributor.

The Australia Council, Aboriginal Arts Unit put out a News Release :

• BRIAN SYRON HONOURED BY AUSTRALIA COUNCIL -

The late Brian Syron has been honoured for his achievements in Australian performing arts by the Australia Council's Aboriginal & Torres Strait Islander Performing Arts Committee which have named one of its fellowships THE BRIAN SYRON PERFORMING ARTS FELLOWSHIP ...Brian Syron was a powerful force in the theatre, as an actor, director and teacher. He was the founder of, among other creative endeavours, the Australian National Playwrights Conference and the National Black Playwrights Conference...

"Encore" film magazine advised that the ATSI author of WIHIOTR whose credits were listed as co-writer on one ethnographic / anthropological documentary and a non speaking role in a short film warned against the ghettoising of her culture through films like JINDALEE LADY.

The AFC replied to Damon's letter on 20.7.1994 confirming that it had no fiduciary obligation to Mr. Damon and denied its actions substantially impaired the commercial copyright value of JINDALEE LADY.

On 24 October, 1994 legal action began in the Federal Court of Australia with Kearney representing both the film and the interest of Gordon Damon, the major investor since as an American citizen he was unable to undertake this on his own behalf. The AFC was represented by the Federal Attorney General's Dept. a politically and culturally powerful Australian entity containing within its powers the Government Funded Media Conglomerate (GFMC) which had an annual budget from Australian tax payers of, at the time, approximately $A2 billion and which in 1994 cited AFC Policy Advisor in its employ.

On 25 May, 1995 Columbia Pictures producer, Stuart Pappe, forwarded a letter indicating the importance of protecting the ancillary rights and copyright of all films prior to exhibition. He confirmed the situation that existed internationally where a negative review (e.g. like 8 pages of deleterious criticism of a film in a book published and owned by the film's minor investor before post production was completed) would be particularly damaging to a new film and would have a devastating effect on its ability to find a distributor.

Discovery revealed that the AFC considered it was possible that a company involved with an Aboriginal Eora- Birripi director, like Syron, left itself open to an organisation, such as the AFC, to access and use an Australian Constitutional law brought in in 1968. This law, relating to the granting of citizenship to ATSI, allows the Australian government to make special regulations for such people as it deems necessary.

The AFC also appeared to be working on a concept, introduced by the Federal Government's Dept. of Arts, Sports, Environment and Territories (DASET) which states that through legislation, the Commonwealth has the right to intervene in a variety of ways to achieve its cultural objectives. The aim being to protect the interest of the creator while ensuring that there is adequate public access to the work of the creator a concept which appears to be specifically aimed at the work of ATSI artists

The AFC Policy Advisor stated that neither he nor AFC Chief Executive / Commissioner & Head of Cultural Activities made any effort to inform Kearney or Syron of the AFC's actions because he thought that it was possible the producer and / or director of JINDALEE LADY might disagree with the ATSI author's comments and this might cause some difficulty for the AFC. Further he stated it would have been quite inappropriate for him to require any comments made about any film to be consistent with some perception of commercial interests which the Australian taxpayer or anyone else might have in the film

At each stage from 1994 - 1998 the Federal Court of Australia found the Federally funded film body had a case to answer. After 5 years in the FCA it was now understood by Damon that few of the AFC employees including its ATSI author had any actual film production knowledge and none of the people involved had any financial investment to lose as they were all employees of the Australian tax payers who did have something to lose. As a major investor Damon compared this situation with American studio executives whose jobs rely on commercial success and AFC employees who believe that it is inappropriate to consider the commercial interests of the owners of copyright

After 5 years Kearney withdrew on behalf of JINDALEE LADY and its investor Gordon Damon and received nine (9) boxes of documentation which included Freedom of Information, Interrogatories, Discovery and Affidavits which were then used to form the basis of the book MEDIA ETHICS, AN ABORIGINAL FILM & THE AUSTRALIAN FILM COMMISSION (2002)ISBN 0-595-25266-4.

Media Ethics, an Aboriginal Film & the Australian Film Commission (2002) - (MEAFAFC)

On 20 May, 1992 two leading Australian actors, multi award winner Mr. Jack "Gulkula" Thompson AM, Chair of Ankh Management and Co- founder and Chair of The Jack Thompson Foundation and Woppaburra-Kanomie Ms Justine Saunders AM were interviewed by Ray Martin AM of Kamilaroi ancestry. and following a screening of the promo reel of JINDALEE LADY Mr. Thompson commented that the really stunning thing about the film is that it is not about a mixed marriage and it is not about the problem of being an Aboriginal. It is just a story about people and that, he concluded, is the revolution.

Pitjantjantjara Kolkatha - Mirning spokesperson, founder of bands including No Fixed Address and Mixed Relations and recipient of several Hall of Fame Awards, Bart Willoughby AM, wrote to Kearney advising that he had spent his entire working life in the Aboriginal music industry and has promoted his people at all times in all his music.. The film is only a love story and is not political in any way but now, he wrote, it has become political ...Brian Syron is dead .."the fella is dead and they are running him down in his grave which I don't think is thoughtful..."

Professor Emeritus Donald Richard Shea, College of Letters and Science, Department of Political Science, University of Wisconsin, Milwaukee wrote of MEAFAFC that it is a very strong and persuasive, even compelling narrative of a very important and significant issue. Professor Shea believed the relative merit of the film is not the centre of the case. He believed the question of greater import was whether the Australian Film Commission's personnel and procedures were fairly and openly determined.

Conclusion

Both briann kearney and Brian Syron were born and lived in inner city Sydney. They were both urbanites although Syron had spent much time with his ATSI grandmother and family on a mission at Minimbah near the Coolongolook River in New South Wales and like many other ATSI men and boys had spent time in a high security prison before living and working for many years in theatre, fashion and film in the U.S.A., France and Britain.

Consequently Brian Syron made a film about his interests at the time - the Arts, Dance and Fashion. In his first and only feature film Syron wanted to show an aspect of the life he currently lived and not a perspective of a life that he had not lived for many years. Therefore, in JINDALEE LADY Syron showed ATSI people in 1990 as many of them were at the time - successful individuals in a modern urban setting and that was always the aim.

Ownership of JINDALEE LADY (1992)

As Mr. Syron wished all rights relating to ancillary and copyright for the feature film JINDALEE LADY (1992) reside with Pitjantjantjara-Kolkata-Mirning Music Director and Composer Bart Willoughby AM and Pitjantjantjara-Narrunga author (name withheld on request).