Kyle Sandilands has appeared in the Federal Court in Sydney as his legal showdown with ARN over the termination of his $100 million contract formally got underway.
The radio host is suing ARN and its subsidiary, the Commonwealth Broadcasting Corporation, alleging his contract was terminated without valid grounds and in breach of Australian Consumer Law.
The case follows ARN’s decision to terminate Sandilands’ deal after an on-air dispute with co-host Jackie ‘O’ Henderson.
Court hears arguments over validity of termination
Sandilands’ barrister, Scott Robertson SC, told the court the broadcaster’s decision to terminate the agreement was not justified.
“Our case is that the termination was invalid, and he’s entitled to continue the show, and is entitled to the payments under the broadcasting services agreement and under the intellectual property agreement.”
Robertson also sought an expedited hearing, telling Justice Angus Stewart that the dispute required urgent resolution as Sandilands pushed for reinstatement.
He said the “battlelines have really been drawn” in correspondence between each side’s lawyers.
ARN disputes reinstatement prospects
Tom Blackburn SC, acting for the Commonwealth Broadcasting Corporation, told the court the likelihood of Sandilands returning to air was limited.
He said the prospects of Sandilands being reinstated were “vanishingly small”.
The court was also told there was a disagreement over how long the matter would take to be heard, with Sandilands’ legal team estimating a three-day hearing, while ARN argued it could extend to two weeks.
Speaking outside court on Friday morning, Sandilands said: “I’m just happy that we can get in today and get the ball rolling. I just want to get back to work as quickly as possible.”
“I’ve got a family to support.”
When asked about the lead-up to the hearing, he described the period as “Traumatic.”
“Wish me luck,” he added before entering the court building.
Dispute follows on-air incident with Henderson
The legal action stems from an on-air exchange on 20 February, during which Sandilands told Henderson she was “off with the fairies.”
Henderson left the studio mid-show, telling Sandilands she would “never say things like that” about him.
ARN subsequently issued Sandilands with a two-week deadline to address what it described as “serious misconduct” before terminating his contract when that deadline expired.
Sandilands claims dismissal was unjustified
In court filings, Sandilands’ legal team argued the exchange was consistent with the program’s established tone.
“The exchange was congruent with the style, tone and nature of the Show and the robust character that [ARN] ‘desired’.”
His lawyers also argued that even if a breach had occurred, he was not given a reasonable opportunity to remedy it.
Sandilands claims he is still owed more than $85 million under the deal agreed in 2023.Financial details of contract revealed
Legal documents filed with the court outline the terms of the agreement, including a $7.4 million base salary, a $120,000 annual flight allowance, $500,000 in advertising for his products, a $200,000 consultancy fee, and sublicensing fees to his company, Quasar Media, worth $2 million annually.
This is a developing story.
Main image: Kyle Sandilands. Source: Nine