No high fives in Myer label spat
But he seems in no mood to back down from the courtroom stoush, sparked when the 29-year-old designer allegedly broke her exclusivity deal with Myer by signing a deal with rival David Jones.
Ellery's glamorous frocks were a notable absence as Myer launched its autumn racewear range in front of a roomful of lunching ladies at Melbourne's Flemington Racecourse on Wednesday.
Last month, DJ's opened their autumn-winter launch show with one of her designs, draped over the frame of ubermodel Miranda Kerr.
"You've got the same person signing an exclusive deal with two department stores," Brookes said.
"I think people will make their own decision as to the merit of that, but we're going to pursue this," he said.
"We're increasingly confident that we've got the very logical case to say that she has to continue to supply us."
He said the department store had a $1.5 million order with Ellery and wanted the clothes.
"It will be a degree of awkwardness but we funded Kym to go to [US trade event] G'Day LA, we funded her on catwalks, we funded her on a number of events, and we've invested to build the brand - and she's invested in Myer.
"It's a shame that she came to the extent that she decided to do this, but the relationship ... it's no good saying we'll all be high-fiving at the end of it."
The case is set down for trial in the Victorian Supreme Court next month in front of Justice Michael Sifris.
Gloves are on
Brookes was speaking after a fashion parade that featured models in racing get-ups that featured extravagant hatinators, including one that looked like a radar dish and another that resembled a leather do-rag.
Racing is both one of Brookes' passions and a big part of Myer's promotional strategy.
But the chain has yet to sign a new deal with the Victoria Racing Club to extend its sponsorship of the spring racing carnival, which expired after last year's Melbourne Cup.
"Over the next week, hopefully, we'll be in a situation where we're getting closer and closer to hopefully doing a deal with them [the VRC]," Brookes said. "The VRC have been tremendous in the early discussions. We're working in good faith and fingers crossed that we can do a deal over the next few days or the next week."
It's an important time of year for Myer - Brookes reckons that last year Myer sold 12,000 pairs of cufflinks and 22,000 hats and fascinators in the nine weeks leading up to the carnival.
"Gloves will be in this year - that's my only fashion tip," he said.
Time to re-Joyce
Perhaps Gina Rinehart was stewing after being demoted from the position of the world's richest woman by Forbes magazine. Perhaps she was distracted by the legal stoush with her kids. Whatever the reason, CBD can't help but notice Her Roy Hill Highness didn't put as much of her usual heart and soul into her latest column in Australian Resources & Investment Magazine.
Instead, she devoted it to reprinting most of her "Christmas reading", a piece from The Spectator Australia by Senator Barnaby "Barnyard" Joyce.
The line taken by the National Party senator will seem awfully familiar to anyone who has enjoyed Rinehart's previous efforts.
Come to think of it, has anyone ever seen them in the same room?
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Frequently Asked Questions about this Article…
Myer says Kym Ellery allegedly breached an exclusivity deal by signing with rival department store David Jones. Myer claims the designer agreed to be exclusive to them, argues she signed with two stores and is pursuing a court case to force her to continue supplying Myer.
Myer said it had a $1.5 million order with Kym Ellery and wants the clothes. The company says it funded her for trade events and catwalks and is seeking to enforce the supply relationship through the courts.
The case is set down for trial next month in the Victorian Supreme Court, to be heard by Justice Michael Sifris, according to the article.
Yes. Ellery's frocks were notably absent from Myer's autumn racewear launch at Flemington Racecourse. By contrast, David Jones opened their autumn-winter launch with one of Ellery's designs on Miranda Kerr.
The article notes racing is a big part of Myer's promotional strategy. Myer has not yet signed a new deal with the Victoria Racing Club (VRC) to extend its spring racing carnival sponsorship, though Bernie Brookes said discussions with the VRC have been positive and they hope to close a deal soon.
Very important. The article reports that in the nine weeks leading up to last year’s carnival Myer sold about 12,000 pairs of cufflinks and 22,000 hats and fascinators, highlighting the season’s significance for sales.
Brookes said there will be "a degree of awkwardness" in dealing with Kym Ellery if the court compels her to continue supplying Myer. He also said Myer is increasingly confident it has a logical case and that the retailer will pursue it.
The article references rival department store David Jones (which reportedly signed Ellery), model Miranda Kerr (who wore an Ellery design at DJ’s launch), the Victoria Racing Club (potential sponsorship partner with Myer), and mentions media and public figures such as Gina Rinehart and Senator Barnaby Joyce in a separate item.

