ARN wins right to use Kyle's affidavits in Jackie's case

ARN has secured a procedural win in the Federal Court after a judge ruled it could use affidavits filed by Kyle Sandilands and his manager, Bruno Bouchet, in the broadcaster's ongoing legal battle with Jackie ‘O’ Henderson.

The move allows ARN access to evidence created during Sandilands' now-settled proceedings, which could prove useful as Henderson's claims continue.

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One case settled, another continues

Justice Stewart declared that the affidavits of Sandilands and Bouchet, are free of any restriction on how they can be used.

So, even though Sandilands reached a settlement with ARN in June and Henderson's is still ongoing, because the two matters were based on many of the same events, ARN asked the court whether it could continue to use affidavits Sandilands had already filed before his case came to an end.

Sandilands originally argued that those documents should remain in his own case and not carry over into Henderson's.

Why the court sided with ARN

However, Justice Stewart disagreed with Sandilands' argument.

Instead, Justice Stewart found Sandilands wasn't forced to file the affidavits. Instead, he chose to submit them as part of his case.

He said Sandilands had no real say over what counts as admissible evidence in a case they're not part of, and that the affidavits could still be useful in the Henderson case in other ways - for example, to help identify witnesses or documents, or during questioning in court - regardless of whether the documents themselves are ever formally accepted as evidence there.

The court also heard that ARN had already signed a settlement agreement before the affidavits were lodged. At that point, Sandilands could have signed the agreement himself and brought his case to an immediate end.

Instead, the affidavits were filed.

What the decision means

The ruling means ARN is free to use the affidavits as Henderson's case continues and, in a more brutal sense, to use Sandilands' words against his former co-host.

That said, that doesn't automatically mean the affidavits will be presented to the court during the trial.

For those with both minimal legal expertise and time, here's a quick breakdown:

• Kyle Sandilands settled his lawsuit with ARN. 
• Jackie Henderson's separate lawsuit is still ongoing. 
• ARN asked the court if it could use Kyle's affidavits in Jackie's case.
•  Sandilands argued it shouldn't be allowed. 
• The judge ruled in ARN's favour. 
• The affidavits may now help ARN defend Henderson's claims.