Kyle Sandilands has hinted that he could defect to a rival network after he appeared in Sydney\u2019s Federal Court on Friday as part of his legal fight to be put back on air.<\/p>\n
Mr Sandilands was met by a media throng as he entered the court complex; however, there was no sign of his former co-host Jackie Henderson.<\/p>\n
Both are suing ARN Media, and its subsidiary Commonwealth Broadcasting Corporation (CBC), after having their 10-year, $100m contracts torn up earlier this year following a spectacular on-air bust-up during which he accused her of being \u201coff with the fairies\u201d.<\/p>\n
Both matters came before Justice Angus Stewart for a case management hearing as Mr Sandilands\u2019 legal team argued for an expedited hearing as part of his desire to be reinstated and get back behind the microphone.<\/p>\n
Asked if he had a message for ARN, Mr Sandilands said outside court: \u201cPut me back on the radio, let\u2019s get the share price back up.\u201d<\/p>\n
He also had a pointed message for the network on the way out of court, hinting he could sign with a rival network.<\/p>\n
\u201cThere are other options that work \u2026 That\u2019s not the only radio station in the world,\u201d Mr Sandilands said as he climbed into a waiting black Rolls Royce.<\/p>\n
The court was told that Mr Sandilands\u2019 side was pushing for his case to be heard as soon as possible.<\/p>\n
Justice Stewart previously reserved five days, starting on June 22, for a possible hearing.<\/p>\n
Mr Sandilands\u2019 barrister, Scott Robertson SC, argued that the matters could be heard consecutively as long as it didn\u2019t delay his client\u2019s case going to trial.<\/p>\n
<\/p>\n
Mr Robertson told the court that his client was \u201chighly likely\u201d to admit to have engaged in the \u201ccore conduct\u201d that was at the centre of the case.<\/p>\n
But he argued that it did not amount to serious misconduct because of the nature of Mr Sandilands\u2019 contract.<\/p>\n
\u201cNow, our short position in relation to the series misconduct question, generally, is to put it bluntly \u2013 if you buy Kyle, you get Kyle,\u201d Mr Robertson said.<\/p>\n
\u201cThe kind of conduct in which he engaged was conduct that was desired, contractually designed and indeed was monetised.\u201d<\/p>\n
He argued that Mr Sandilands had a \u201cvery special\u201d kind of contract.<\/p>\n
\u201cIt had a special immunity in relation to particular kinds of conduct,\u201d Mr Robertson told the court.<\/p>\n
Barrister Tom Blackburn SC, acting for CBC, told the court that his client agreed with Ms Henderson\u2019s characterisation in court documents that Mr Sandilands\u2019 conduct amounted to \u201cworkplace bullying\u201d.<\/p>\n
\u201cOur case is that those incidents amount to serious misconduct,\u201d Mr Blackburn said.<\/p>\n
\u201cNow, in both cases, Your Honour, the court is going to have to look at that conduct, characterise it, to reach conclusions about it and find facts about them.\u201d<\/p>\n
He argued that the facts found in one case may be different from facts found in other proceedings.<\/p>\n
Ms Henderson has meanwhile argued that she was owed $82m relating to the remainder of her contract.<\/p>\n
In court documents, Ms Henderson has claimed that she twice complained to ARN Media \u2013 KIIS FM\u2019s parent company \u2013 in the months leading up to their on-air argument.<\/p>\n
According to court documents, Ms Henderson sent a \u201ccomplaint letter\u201d to KIIS\u2019s parent company saying she could not continue to work with Mr Sandilands.<\/p>\n
The court was told that Ms Henderson\u2019s legal team would be calling expert medical evidence, but only in relation to harm allegedly caused by her contract being terminated.<\/p>\n
Ms Henderson\u2019s barrister, Vanja Bulut, told the court on Friday that her client would prefer not to be in the same courtroom as Mr Sandilands.<\/p>\n
\u201cWe do raise that as an issue. My client\u2019s preference is not to be in an enclosed space for weeks on end (with Mr Sandilands),\u201d she said.<\/p>\n
Outside court, Mr Sandilands called that claim a part of Ms Henderson\u2019s \u201clegal strategy\u201d.<\/p>\n
\u201cThey say they don\u2019t want to be in the same courtroom, that\u2019s their legal strategy,\u201d Mr Sandilands said.<\/p>\n
\u201cWe\u2019ve got a different legal strategy. Just don\u2019t believe the bullsh*t that you hear and read, just wait until you see what came out.\u201d<\/p>\n
Justice Stewart told the court that it was likely that both matters would be heard together and tentatively set down an October hearing date.<\/p>\n
In his statement of claim lodged with the court, Mr Sandilands has argued he often played the role of the \u201cdominant and abrasive personality\u201d on the Kyle and Jackie O Show, and that his comments to his co-host were \u201ccongruent\u201d with the \u201crobust character that CBC desired.\u201d<\/p>\n
He claims his sacking was invalid as there was no act of serious misconduct or contract breach.<\/p>\n
Court documents have revealed that in a complaint letter sent to ARN, Henderson alleged she was \u201cattacked and bullied on live prime time radio\u201d and she had been left \u201cpsychologically unwell\u201d after being \u201cdefamed and humiliated\u201d.<\/p>\n
In its defence filed with the court, CBC, said that it entered into a contract with Henderson\u2019s company, Henderson Media, for her to present the Kyle & Jackie O Show.<\/p>\n
ARN argues that Henderson Media and Sandilands\u2019 company, Quasar, were \u201csolely responsible for controlling the manner in which it provides Program Services\u201d for the Kyle and Jackie O Show.<\/p>\n
\u201cConsequently, once any broadcast began, CBC had no ability or power to contemporaneously prevent Mr Sandilands from engaging in bullying or other unwanted conduct towards Ms Henderson,\u201d the company said in its defence filed with the Federal Court.<\/p>\n
CBC is also countersuing Mr Sandilands and Ms Henderson seeking damages for breach of contract and loss of advertising revenue.<\/p>\n