Kyle Sandilands has told the federal court the termination of his $100m contract was invalid because he was performing his contracted role with Kiis FM as a “robust character” presenting a “deliberately provocative” radio program.
ARN Media sacked Sandilands last week over a dispute that began with an on-air argument between Sandilands and his co-host, Jackie “O” Henderson over her interest in astrology.
The termination for alleged serious misconduct and a breach of ARN’s services agreement with Quasar Media deprived Sandilands of the remaining $85m he would have earned if the contract had been allowed to run its course until 2034.
A statement of claim filed in the federal court on Friday said the Kyle & Jackie O Show was a high-energy and controversial program that used crude humour, ribald commentary and sexual innuendo.
The claim said ARN Media “acknowledge[d] the tone, style, voice and robust character with which [Mr Sandilands] has performed radio presenter services during his career” and expressed a “desire” that Sandilands would present in a “robust character”.
The exchange between Sandilands and Henderson that provided the trigger for the termination of both their contracts was “congruent with the style, tone and nature of the show”, the claim said.
“On occasions, the show was confrontational,” the claim said. “Banter and tension between Mr Sandilands and Ms Henderson was a central dynamic to the show. Mr Sandilands generally performed the role of the dominant and abrasive personality who was deliberately outrageous and often offensive, whilst Ms Henderson played a moderating role as a warmer and more emotionally attuned character.”
The statement of claim argues that the incident upon which the termination was based does not constitute a serious breach of contract, or a consistent breach of contract, and did not cause “serious and imminent injury” to Kiis FM as ARN Media alleged.
The two censors required to monitor the breakfast program after repeated breaches of decency provisions did not use the dump button during the segment, the statement of claim, prepared by counsel Scott Robertson SC and Philip Boncardo, said.
In a filing with the ASX on Monday morning, ARN said it would defend the claim.
Sign up for the Breaking News Australia email“In summary, 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,” ARN said.
“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.
“ARN disputes the claims. It intends to defend the proceedings. Given the early stage of the matter, ARN is unable to reliably estimate the outcome or any potential financial impact.”
Under the agreement between ARN and Quasar, each year the broadcaster was entitled to $7.4m in cash, a consultancy fee of $200,000, a flight allowance of $120,000 and contra air time valued at $500,000.
Sandilands has asked the court to find his termination is invalid and award damages or compensation for economic and non-economic loss.
The high-profile hit program has become less profitable in recent years due to an advertising downturn, a grassroots campaign against its content and increasing pressure from the broadcasting regulator.
