Kyle Sandilands has told the Federal Court that the termination of his $100 million contract with ARN Media was invalid because he was performing his contracted role as a “robust character” presenting a “deliberately provocative” radio program. The shock jock was sacked last week over an on-air argument with co-host Jackie “O” Henderson about astrology, which ARN said constituted serious misconduct and a breach of contract.
Sandilands’ statement of claim, filed on Friday, argues that the exchange that triggered the termination was “congruent with the style, tone and nature of the show”. The claim describes the Kyle & Jackie O Show as a high-energy, controversial program using crude humour, ribald commentary and sexual innuendo. It states that ARN acknowledged the “robust character” with which Sandilands performed and expressed a desire for him to continue in that vein.
The claim contends that the incident does not amount to a serious breach of contract or cause “serious and imminent injury” to Kiis FM. It notes that the two censors monitoring the show did not use the dump button during the segment. Sandilands seeks a court order declaring the termination invalid and damages for economic and non-economic loss, including the remaining $85 million he would have earned under the contract until 2034.
ARN Media, which terminated Sandilands’ contract and that of Henderson, said in an ASX filing on Monday that it would defend the claim. The company disputes the allegations and says it is unable to estimate the outcome or potential financial impact at this early stage. The case highlights ongoing tensions around the controversial breakfast show, which has faced declining profitability due to an advertising downturn and regulatory pressure.
