Image: AAP Image/Bianca De Marchi
The legal battle between Kyle Sandilands and his former employer Kiis FM has entered court today, with the shock jock alleging licensee, Commonwealth Broadcasting Company, had wrongfully terminated him for serious breach of contract earlier this month.
Arriving at the Federal Court on Friday morning, the 54-year-old told media that the last few weeks had been “traumatic”, with the cancellation of his $100 million contract after an on-air argument with co-host Jackie “O” Henderson during their former long-running program, the Kyle and Jackie O Show.
Sandilands’s barrister, Scott Robertson SC, sought expedition of the case, telling Justice Angus Stewart that communications between lawyers from each side had demonstrated the “battlelines have really been drawn.”
However, CBC are looking to lodge a cross-claim that Sandilands has been overpaid and should pay some of his $100m contract back.
As predicted, Sandilands claims he’s owed the $85 million he would have earned had the contract run its expected course until 2034.
“Our case is that the termination was invalid, and he’s entitled to continue the show, and is entitled to the payments under the broadcasting services agreement and under the intellectual property agreement,” Robertson said, as per the ABC.
He said the case didn’t need to be a “Royal Commission into Mr Sandilands and his previous radio career”, and could be resolved quickly.
Robertson told court that under the agreement, Sandilands was “procured to engage in robust conduct”, arguing that if it was “‘desired’, it can’t possibly be misconduct of the kind that has been alleged.”
“My client’s principal objective is to get back on air before his audience as soon as possible,” he said.
CBC barrister, Tom Blackburn SC, said the notion of a quick court case was “just fanciful.”
“We don’t accept the central premise that Mr Sandilands’ goodwill and notoriety is dramatically wasting away for every day he’s not on air,” Blackburn said, adding that the chances of Sandilands return to Kiis airwaves was “effectively nil.”
“This is, in substance, a claim for a debt. He wants his $10m a year for the next eight or nine years.”
Justice Stewart ordered Sandilands to lodge a statement of claim by 7 April, and CBC a defence and a cross-claim by 24 April. A provisional date of 22 to 26 June has been set for a hearing.
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