Kyle Sandilands says court win could still fall short in KIIS FM dispute

Kyle Sandilands claimed that even a complete courtroom victory against KIIS FM would not fix the damage done since he was taken off-air.

Former KIIS FM co-host Kyle Sandilands has brought Federal Court of Australia proceedings against the Commonwealth Broadcasting Corporation (CBC) and the Australian Radio Network (ARN) over his 18 March termination for “serious misconduct” he claims did not occur.

During a live broadcast on 20 February, tension between Sandilands and co-host Jacqueline Henderson – better known as Jackie O – came to a head when Sandilands made comments about her focus and phone.

Following Henderson allegedly telling ARN she “cannot continue to work” with Sandilands, her services agreement was cancelled.

On 3 March, CBC issued Sandilands with a notice that alleged he committed an act of serious misconduct that “affects or compromises the program services” on 20 February and invited him to remedy Henderson’s alleged refusal to work with him within 14 days.

Sandilands’ termination was issued just after midnight on 18 March.

In a concise statement filed with the Federal Court, Sandilands – through counsel Scott Robertson SC and Philip Boncardo – claimed there was no instance of “serious misconduct”, making his purported termination in the weeks after “invalid and of no effect”.

This was particularly in circumstances where his service agreement expressed CBC’s alleged “desire” that Sandilands would present “in a robust character”, including “tone, style [and] voice”.

Sandilands’ lawyer, Kevin Lynch, said banter and tension between the co-hosts was a “central dynamic to the show”.

“Sandilands generally performed the role of the dominant and abrasive personality who was deliberately outrageous and often offensive, whilst Henderson played a moderating role as a warmer and emotionally attuned character,” Lynch said in an affidavit filed with the court.

The exchange between the pair on 20 February was “congruent with the style, tone and nature of the show and the robust character”, he added.

Further, Sandilands alleged that it was not only unconscionable for CBC to require him to remedy Henderson’s refusal to work with him but also make it impossible or difficult to do so by the termination of her agreement.

According to the concise statement, CBC is required to pay Sandilands’ private company, Quasar Media Services – which manages his broadcasting contract – a fee of $7.4 million per annum, a CADA consultancy fee of $200,000 per annum, a flight allowance of $120,000 per annum, and a Contra Airtime valued at $500,000 per annum.

Should his contract end as planned at the end of 2034, CBC would have paid a total of more than $85 million to Quasar.

In addition to a declaration that his termination was invalid and of no effect, Sandilands is seeking that the business services agreement be specifically performed, judgment in debt for himself and Quasar, damages for economic and non-economic loss, and costs of his legal fees.

Following conversations with both Sandilands and his manager, Bruno Bouchet, Lynch said the former’s “cultural currency, commercial identity and audience loyalty” has been deteriorating each day he has been kept off-air, and this is “of real concern to him”.

Sandilands’ capacity to earn income “is dependent upon his being on air and maintaining the audience engagement”, which could dwindle as listeners “migrate to competitor programmes and form new habits”.

“The grant of final relief at trial, even if entirely favourable to Sandilands, will be of reduced practical utility if his audience has been substantially eroded in the meantime,” Lynch said.