Kyle Sandilands has told the federal court that the termination of his $100m contract with Kiis FM was invalid because he was performing his contracted role as a “robust character” presenting a “deliberately provocative” radio program. The shock jock was sacked by ARN Media last week over an on-air argument with co-host Jackie “O” Henderson about her interest in astrology.
The termination for alleged serious misconduct and breach of ARN’s services agreement with Quasar Media deprived Sandilands of the remaining $85m he would have earned if the contract had run 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 using crude humour, ribald commentary and sexual innuendo.
The claim said ARN Media acknowledged the tone, style, voice and robust character with which Sandilands had performed during his career and expressed a desire that he continue in that manner. The exchange that triggered the termination was “congruent with the style, tone and nature of the show,” the claim argued. Banter and tension between Sandilands and Henderson was a central dynamic, with Sandilands playing the dominant, abrasive personality while Henderson moderated.
The statement of claim contends the incident does not constitute serious or consistent breach of contract and did not cause “serious and imminent injury” to Kiis FM as ARN alleged. Two censors monitoring the show for decency breaches did not use the dump button during the segment. In an ASX filing, ARN said it would defend the claim, disputing the allegations and seeking to have the proceedings dismissed.
Sandilands has asked the court to find the termination invalid and award damages or compensation for economic and non-economic loss. Under the agreement, each year the broadcaster was entitled to $7.4m in cash, a consultancy fee, flight allowance and contra air time. The high-profile programme has become less profitable in recent years due to an advertising downturn, grassroots campaigns and regulatory pressure.
