The first hearing of Kyle Sandilands’ case against ARN commenced in Federal court on Friday.
The former top-rating radio host was met by a large media scrum ahead of a dual procedural hearing for his case and that of former co-host Jackie ‘O’ Henderson, with dozens of reporters, photographers and videographers trailing him into the building.
“It’s a procedural day today, no fun today,” he said.
Sandilands also confirmed he has not spoken to Henderson since their on-air split in February, telling reporters the situation was “already pretty ugly”.
“Put me back on the radio. Let’s get the share price back up,” he added.
Sandilands’ legal team told the Federal Court that while his behaviour may have been “poor”, it was both anticipated and commercially exploited by ARN under the terms of his contract.
Scott Robertson SC argued the radio host’s on-air persona was not incidental but central to the agreement struck with the KIIS Network’s owner, ARN Media.
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“If you buy Kyle, you get Kyle,” Robertson told the court.
Robertson said the conduct in question was “contractually designed” and monetised by ARN, with the broadcaster fully aware of Sandilands’ style and reputation at the time of hiring.
“The kind of conduct in which he engaged was conduct that was desired, contractually designed… and indeed was monetised, evidence will demonstrate,” he said.
He added that this extended beyond live broadcasts, arguing that behaviour occurring off-air but within the studio environment was still captured and used as part of the broader content ecosystem.
Robertson also indicated Sandilands was likely to concede elements of the allegations, telling the court his client “appears highly likely” to admit to having “engaged in the poor conduct that is alleged”.
Sandilands’ legal team urged the judge to schedule the matter for a hearing as early as June, arguing ARN had the resources to prepare quickly.
Robertson said the broadcaster was “throwing the kitchen sink” at the case, engaging one of the world’s largest law firms, and should be in a position to proceed without delay.
He also confirmed Sandilands does not want his case heard concurrently with that of former co-host Jackie O Henderson if it risks slowing proceedings.
Counsel for Henderson reinforced that position, with barrister Vanja Bulut arguing the matters should remain largely separate.
Bulut told the court her client did not wish to be placed in the same courtroom as Sandilands, citing claims of “significant psychological harm”.
Henderson was not present at Friday’s hearing, though her manager Gemma O’Neill attended.
Bulut also flagged that combining the cases could extend the duration of proceedings for her client, with plans to call expert evidence, including “evidence of a medical nature as to the impact it’s had on my client’s health and wellbeing”.