Controversial radio host Kyle Sandilands is expected to make his first appearance in court in a showdown with a $100million contract on the line.
The top-rating provocateur, 54, is suing his former employer ARN in the Federal Court, alleging the termination of his contract with the company was invalid because there was no act of serious misconduct.
He also claims the termination breached Australian Consumer Law.
ARN, the parent company of KIIS FM, which previously broadcast Sandilands’ show for more than a decade, said on Monday it disputed the claims and would defend them.
Its subsidiary, Commonwealth Broadcasting Corporation, is also named in the lawsuit.
Sandilands’ legal team is led by Kevin Lynch, a partner at Johnson Winter Slattery.
Kyle Sandilands (pictured) is expected to make his first appearance in court in a showdown with a $100million contract on the line
Over the past two weeks, Lynch has carefully examined every detail of the host’s agreement and strategised a comprehensive attack on ARN.
He filed the necessary papers last Friday.
ARN tore up Sandilands’ $100million contract after the shock jock’s on-air clash with co-host Jackie ‘O’ Henderson ended their time together on the long-running show.
On Monday morning, the network issued a statement in an ASX market update, asserting that the network disputes Sandilands’ claims and plans to defend the proceedings.
‘The applicants claim the termination of Mr Sandilands’ contract was invalid on the basis they allege that there was no act of serious misconduct or breach of contract, and that the termination was unconscionable under the Australian Consumer Law,’ their statement read.
‘The applicants seek an order for specific performance of two contracts, payment of whatever amounts are due and payable under the contracts at the time of judgment, and damages.’
Meanwhile, ARN’s newly appointed CEO Michael Stephenson is working hard to prevent the legal dispute from escalating by trying to persuade Sandilands’ former co-host, Jackie ‘O’ Henderson, to return to KIIS FM with a solo show.
However, ARN is hoping to bring back Henderson at a much lower rate with a new program, after the network also terminated her $100million, decade-long deal last month.
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ARN tore up Sandilands’ $100million contract after the shock jock’s on-air clash with co-host Jackie ‘O’ Henderson ended their time together on the long-running show. Both pictured
Sandilands’ legal team is led by Kevin Lynch, a partner at Johnson Winter Slattery
Henderson is not enthusiastic about that offer, while sources close to the former co-hosts indicate that she intends to watch how Sandilands’ legal offensive unfolds.
The end of the Kyle & Jackie O show was announced on Wednesday, March 18 when Sandilands released a statement at 7am announcing that KIIS’ parent company, ARN, had terminated his 10-year, $100million contract.
In an explosive statement obtained by Daily Mail, Sandilands admitted he doesn’t ‘accept’ the fate of his role at the network.
‘ARN has just announced that they’ve terminated my contract,’ he said.
‘I don’t accept it.’
Sandilands continued: ‘My lawyers told them last week this would be invalid. And guess what? It is.
‘Let me tell you what actually happened here. Jackie and I had a blue on air. That’s it. The kind of thing we’ve done a hundred times in 25 years. And ARN took the situation and decided to try and burn the place down.
‘They sacked Jackie. They suspended me. They wouldn’t even let me pick up the phone to call her or anyone else on the show. Then – and this is the bit that gets me – once they’d made it impossible for the show to go on, they turn around and say, “You didn’t fix it. You’re fired!”‘
In an explosive statement obtained by Daily Mail, Sandilands admitted he doesn’t ‘accept’ the fate of his role at the network
The split came after Sandilands slammed his broadcast partner for looking into former Prince Andrew Mountbatten-Windsor’s horoscope
Sandilands added that he had apologised to Henderson the night after their on-air clash last month.
The Kyle & Jackie O show was a consistent ratings hit in Sydney, but had failed to gain much traction in its expansion to Melbourne and Brisbane.
The split came after Sandilands slammed his broadcast partner for looking into former Prince Andrew Mountbatten-Windsor’s horoscope.
‘You’re off with the fairies … every segment, every time you’ve spoken, you don’t even know what’s going on,’ Sandilands said to Henderson during the February 20 broadcast.
ARN said Henderson gave notice she could no longer work with her co-host, triggering an early March decision to terminate her $100million agreement.
Sandilands was suspended on March 3 and issued a breach notice for serious misconduct.
He has consistently denied breaching the terms of his contract.
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