The paperwork pile in ARN’s dispute with Kyle Sandilands and Jackie O Henderson just got a little taller.
The Federal Court has extended key deadlines in the case, delaying a scheduled June hearing and giving the parties more time to prepare evidence and submissions ahead of their next appearance.
The orders come amid reports Henderson is set to be served with a subpoena linked to ARN’s separate proceedings against Sandilands.
The timetable changes were agreed to by the parties and do not involve any findings on the substantive issues in dispute.
Jackie O Henderson and Kyle Sandilands.
Court documents confirm parties and cross-claim
Court documents identify the applicants as Sandilands, Quasar Media Services Pty Ltd and Quasar Intellectual Property Pty Ltd. The respondents are Commonwealth Broadcasting Corporation Pty Ltd and Australian Radio Network Pty Ltd.
The schedule attached to the orders also confirms that ARN and Commonwealth Broadcasting Corporation have filed a cross-claim against Sandilands, Quasar Media Services, Quasar Intellectual Property, Henderson Media Pty Ltd and Jacqueline Ellen Henderson.
The latest court orders come a day after reports emerged that Henderson is set to be served with a subpoena as ARN seeks documents for use in its separate legal proceedings against Sandilands.
According to claims made on the Game Changers Radio podcast, the Federal Court approved ARN’s request to seek documents from Henderson, who is pursuing her own legal action against the broadcaster following the termination of her contract.
Speaking on the podcast, Craig Bruce said ARN was seeking access to documents that could potentially be relevant to its case against Sandilands.
“So ARN have been trying to get access to Jackie’s documents so they can potentially use them in the case involving Kyle,” Bruce said.
He added, “In Jackie’s own case against ARN, the company can directly request documents from her because she’s part of the lawsuit. That’s called a notice to produce. But in Kyle’s case, Jackie isn’t a party. So ARN can’t ask her directly. They need the court to issue a subpoena, which has been approved, from my understanding.”
Jackie O Henderson and Kyle Sandilands.
Subpoena claims emerge
Co-host Irene Hume said she believed the subpoena application had been approved following a court hearing she attended remotely.
“It has been approved. I know that because I was on the call on Wednesday,” Hume said.
“Someone who we know in law sent me links for Wednesday, which was the hearing the court was going to assess or determine whether or not ARN have the right to request these subpoenas. There were two. There was one for the documents and one for a witness.”
Hume said she became aware Henderson was involved when the court sought appearances from her legal representatives.
“I then jumped on the call, and the judge or host said, ‘Who is present for Jackie Henderson’s team? Can you state your name?’ And then I realised at that point that one of the subpoenas is for Jackie.”
ARN declined to comment when contacted by Mediaweek.
Henderson, ARN and Sandilands remain in legal battle
The dispute stems from ARN’s February decision to terminate the contracts of both Sandilands and Henderson, despite several years remaining on their 10-year agreement.
ARN has argued the pair breached contractual obligations, while Sandilands and Henderson have maintained they were wrongfully terminated. The broadcaster is defending its decision and seeking damages, as well as the return of millions of dollars in shares and related benefits provided under the agreement.
The parties are next expected to return to the Federal Court on 18 June for further case management proceedings.
Main image: Jackie O Henderson and Kyle Sandilands