Kyle Sandilands and his co-host, Jackie “O” Henderson, have commenced separate legal action against the Kiis FM licensee, CBC, which terminated them both. Photograph: Bianca de Marchi/AAPView image in fullscreenKyle Sandilands and his co-host, Jackie “O” Henderson, have commenced separate legal action against the Kiis FM licensee, CBC, which terminated them both. Photograph: Bianca de Marchi/AAPKyle Sandilands claims he ‘suffered humiliation’ after he was sacked by Kiis FM over on-air spat with Jackie O In court documents, shock jock also says the purported conduct was not persistent, lasting for 20 minutes on a single day
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Kyle Sandilands suffered humiliation and loss of reputation when Kiis FM sacked him from his top-rating radio show for serious misconduct, according to documents filed in the federal court.
Sandilands and his co-host, Jackie “O” Henderson, have commenced separate legal action against the Kiis FM licensee, Commonwealth Broadcasting Corporation (CBC), which terminated them both a year after they signed separate 10-year contracts for the Kyle and Jackie O breakfast show. It was supposed to run until 31 December 2035 but their services were terminated last month.
In a statement of claim prepared by Sandilands’ counsel, Scott Robertson SC and Philip Boncardo, it is argued that while the shock jock’s contract did specify that the $100m deal could be terminated if he committed an act of serious misconduct, no such conduct occurred and the termination was invalid.
The contract said CBC could “immediately terminate the [agreement] if Mr Sandilands commits an act of serious misconduct which affects or compromises the program” and the business.
CBC gave Sandilands notice that it considered “certain comments that Mr Sandilands made to and about Ms Henderson in the course of the broadcast of the program on 20 February 2026 constituted Mr Sandilands committing an act of serious misconduct which affected or compromised the program” and he was given 14 days to make amends, the claim said.
Read moreMinutes after midnight 14 days later, Sandilands was told his contract had been terminated, depriving him of the remaining $85m he would have earned if the contract had been allowed to run its course.
“Mr Sandilands is a person who has suffered loss or damage because CBC engaged in the conduct [of terminating his contract],” the claim said.
“Mr Sandilands has suffered humiliation and loss of reputation because of the suggestion that his conduct justified [the termination of his contract].”
The justification for sacking Sandilands began with an on-air argument with Henderson over her interest in astrology, after which she tearily left the program.
Sandilands’ claim said the incident cited by CBC did not constitute “a radical departure from the relationship established” by his contracted role with Kiis FM as a “robust character” presenting a “deliberately provocative” radio program.
The claim also denied the purported conduct was persistent.
“For a breach to be ‘persistent’ for the purposes of that term, it must be repeated or continued,” the statement of claim said.
“The impugned conduct, which occurred during a period of about 20 minutes on a single day, is not capable of constituting ‘persistent’ conduct in the relevant sense.”
Court documents filed in her own case show Henderson sent a text message to the head of the Kiis FM Network five months before she walked off air, saying listeners were complaining that she was in an “abusive relationship” with Sandilands.
Sandilands said he abided by all the conditions of his contract, including using “his best endeavours to provide an entertaining and enlivening program” and attending meetings, presentations and events in Sydney as a “key ambassador”.
Sandilands has asked the court to find his termination invalid and award damages or compensation for economic and non-economic loss.
Under the agreement between CBC and Sandilands’ company, Quasar, the broadcaster was each year entitled to $7.4m in cash, a consultancy fee of $200,000, a flight allowance of $120,000 and contra air time valued at $500,000.
The respondents need to file and serve a defence and any notice and statement of cross-claim by 21 April.
The parties return to court for case management on 24 April.
