A NSW judge is considering whether Kyle Sandilands and Jackie O Henderson's separate lawsuits against ARN Media, following the termination of their $100 million contracts, will be heard jointly. The cases stem from an on-air dispute and allegations of contract breaches and wrongful termination.
A NSW judge on Friday will consider whether Kyle Sandilands and Jackie O will have their separate lawsuits against ARN Media heard together. Kyle Sandilands fronted Sydney's Federal Court on Friday for ongoing proceedings against his former employer, ARN Media.
Sandilands and his KIIS FM co-host Jackie 'O' Henderson are separately suing following the termination of their $100 million contracts. One of the key questions during the hearing will be whether the cases should be heard at the same time. Kyle Sandilands says "the truth will raise its head" during a court case against his former employer, as a Sydney judge considers whether proceedings brought by his former co-host, Jackie 'O' Henderson, should be heard together.
Sandilands and Henderson have separately launched legal proceedings following the termination of their $100 million contracts with Commonwealth Broadcasting Corporation . It came after the duo had an on-air row in February, which led to Henderson refusing to work with her co-host of more than two decades.
Sandilands's legal team argues the termination of his contract was invalid and his behaviour didn't amount to serious conduct, while Henderson's lawyers say she had complained about his conduct six months before the public falling out, as part of a wrongful termination claim. CBC, the licence holder for radio station KIIS FM, where they co-hosted The Kyle and Jackie O Show, is fighting back with counter claims against the pair, seeking damages for breach of contract, losses in profit and advertising revenue, and legal costs.
One of the key questions during Friday's hearing in the Federal Court in Sydney was whether the cases should be heard at the same time.
'No fun today': Kyle addresses media scrumHe told journalists he was not nervous about the case, which he described as "pretty ugly". "If you know how these procedures work, there's strategy and then there's truth and once we get inside and we get all the answers out, the truth will raise its head.
" Asked what message he had for the network's parent company, ARN Media, Sandilands replied: "Put me back on the radio and let's get the share price back up. "Inside court, Sandilands's lawyers said they had a proper claim for expedition and should not be disadvantaged by another "camp" taking longer.
Scott Robertson SC, representing Sandilands, told the judge it appeared likely his client would admit to the core conduct — in that he said particular things — through the tendering of transcripts and audio. While there may be overlap between the Sandilands and Henderson proceedings, Mr Robertson said there would need to be separate legal debates for the purposes of Sandilands's contract in one case, and for the purposes of the Fair Work Act in another.
Mr Robertson said his client's contract was "very curious" and "special" because of an immunity it contained in relation to his conduct — which was "desired … and monetised", the evidence will demonstrate.
"This is not a case that's not just about money, Mr Sandilands wants to get back before the microphone," he said. Vanja Bulut, representing Henderson, said the judge was in a "somewhat invidious position" of having three parties arguing different things in terms of the overlap of issues. She said there was a "real divergence" when it came to considering whether the Henderson complaint about Sandilands's behaviour amounted to the exercise of a workplace right.
She also suggested there was no reason why the cross claim couldn't be "siphoned off" and dealt with after the two other cases are dealt with. Tom Blackburn SC, representing ARN, said the overlap of the issues between the cases may cause "undesirable" problems. He said the Henderson parties would assert that incidents amount to workplace bullying, were offensive and degrading, while ARN's case is that the incidents amounted to serious misconduct.
Mr Blackburn said in the Fair Work claim, his clients had the reverse onus of demonstrating that the action taken was not taken because Henderson exercised a workplace right. The court would need to consider whether the Henderson complaint letter amounted to a clear repudiation, he said. Justice Angus Stewart decided both proceedings should be placed on a "common timetable" in preparation for trial, and that the June dates provisionally reserved should be vacated.
He listed both cases for trial, reserving 10 days from October 12, but left open the question of whether they will be heard together or separately.
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