- Sandilands suing ARN in Federal Court
- Claims network sabotaged his contract
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Jackie 'O' Henderson refused to present with her former radio co-star Kyle Sandilands 'ever' again after their relationship broke down in the middle of a live show, according to damning legal letters.
The letters form part of a tranche of documents released by the Federal Court on Friday amid Sandilands' lawsuit against KISS-owner ARN Media over the termination of his $100million contract.
ARN axed the deal after a segment on the Kyle and Jackie O Show on February 20 when Sandilands slammed Henderson for her 'fixation' on astrology.
Henderson said 'that's not fair' and left the studio in tears, before her own $100million contract was terminated. She has not launched legal proceedings.
Less than two weeks later, on March 3, Sandilands received a letter from ARN accusing him of making 'abusive, humiliating, and belittling comments' to Henderson, which included attacks on her character, work ethic, and job performance.
'You stated that everybody at the radio station was talking about these failings, thereby impressing on her the idea that her conduct and performance was so bad, that they were generally the talk of the station,' the letter read.
ARN claimed Sandilands' comments were not made in jest, and showed 'manifested hostility' towards Henderson that was 'calculated to offend and distress her'.
The broadcaster claimed Sandilands had damaged the business because Henderson refused to 'ever present with you again'.
Jackie 'O' Henderson refused to present with her former radio co-star Kyle Sandilands 'ever' again after their relationship broke down in the middle of a live show, according to damning legal letters. Sandilands is pictured outside court on Friday
Radio network ARN axed Sandilands' $100million deal after a segment on the Kyle and Jackie O Show on February 20 when he slammed Henderson (above) for her 'fixation' on astrology
Days after the blow up, Henderson released a statement saying she 'did not quit or resign'.
Sandilands was given 14 days to remedy the situation or his contract would be terminated, but ARN did not propose any solutions in the initial letter, or subsequent letters.
He was ordered not to comment on the situation, not to disparage anyone at ARN, or victimise anyone who made complaints about his conduct, or risk having his contract terminated.
A response from Sandilands' lawyer Kevin Lynch on March 10 claimed the broadcaster was aware of his client's 'tone, style, voice and robust character', to the point where it was willing to pay him $100million.
Mr Lynch also pointed out the fact that the broadcaster had 30 seconds to censor and remove any disparaging comments before they went to air, but had chosen not to remove Sandilands' remarks about Henderson.
He said ARN created a 'Catch-22' when Sandilands was not given a way of resolving the situation.
The court also released an affidavit sworn by Mr Lynch, who described Sandilands and Henderson's respective on-air roles and their long working relationship.
Mr Lynch said Sandilands was the 'dominant and abrasive personality who is deliberately outrageous and often offensive', while Henderson was a 'warmer and more emotionally attuned character.'
ARN claimed Sandilands' comments were not made in jest, and showed 'manifested hostility' towards Henderson that were 'calculated to offend and distress her'
'Mr Kyle Sandilands is one of Australia's most prominent and recognisable radio broadcasters,' Mr Lynch wrote.
'He has been a continuous presence on Australian commercial radio for more than 25 years since his commencement on the commercial radio station known as '2Day FM' in 1999.'
Sandilands has co-hosted The Kyle and Jackie O Show - originally on 2Day FM - since January 2004, before moving to KIIS FM a decade later.
'The program is consistently the highest-rated FM breakfast show in the Sydney metropolitan market,' Mr Lynch wrote.
'The program is high-energy and controversial involving the broadcast of (amongst other things) material that is irreverent and naturally provocative, including using crude humour, ribald comedy and sexual innuendo.'
Mr Lynch said The Kyle and Jackie O Show was 'occasionally controversial'.
'Banter and tension between Mr Sandilands and Ms Henderson is a central dynamic to the program,' he wrote.
'Mr Sandilands generally performs the role of the dominant and abrasive personality who is deliberately outrageous and often offensive, whilst Ms Henderson plays a moderating role as a warmer and more emotionally attuned character.
ARN claimed Sandilands (pictured on March 17) had damaged the business because Henderson refused to 'ever present with you again'
'The characters which Mr Sandilands and Ms Henderson play are designed to be an exaggeration of their respective personalities.'
Mr Lynch set out the alleged harm done to Sandilands by the termination of his contract.
Sandilands's career and livelihood were 'uniquely dependent upon the maintenance of a continuous, daily relationship with this radio audience;' he wrote.
'Every day that Mr Sandilands is absent from air, the audience relationship that Mr Sandilands has cultivated is subject to erosion as listeners migrate to competitor programmes and form new habits,' he wrote.
Mr Lynch said Sandilands's 'commercial identity', including the value of his 'personal brand' was inextricably linked to his on-air presence, ratings and audience engagement.
'The harm flowing from Mr Sandilands' continued absence from the program is compounding in character: the longer the absence, the more difficult and uncertain the task of audience recovery becomes,' he wrote.
'Radio audience behaviour is such that listeners who are lost during a period of absence may not return, or may not return in the same numbers, once a broadcaster resumes.'
Mr Lynch said the loss of listeners was, to a significant degree, 'irreversible', and the damage arising from that loss 'perhaps impossible' to quantify.
Sandilands has co-hosted The Kyle and Jackie O Show - originally on 2Day FM - since January 2004, before moving to KIIS FM a decade later
Among the orders Sandilands seeks is for his reinstatement.
'Mr Sandilands is willing to work with a co-presenter or, if Ms Henderson is willing, with Ms Henderson,' Mr Lynch wrote.
'He presented the program without Ms Henderson and without issue on previous occasions, including in the days immediately following 20 February 2026.
'ARN has not considered or attempted to allow either such course.'
Sandilands appeared at the Federal Court on Friday for a directions hearing.
He is alleging the termination of his contract with the company was invalid because there was no act of serious misconduct, and that termination breached Australian Consumer Law.
The matter will return to court on April 24.
