The Kyle and Jackie O show is OFFICIALLY over for good: KIIS bosses issue damning court message to Kyle Sandilands as he demands to be put back on air: ‘Hopeless’

Kyle Sandilands and his former co-host Jackie ‘O’ Henderson will never present breakfast radio on KIIS again, as the radio giant reveals relationships have ‘completely broken down’ and prospects are ‘hopeless’.

The revelations were made in the Federal Court in Sydney on Friday amid civil cases brought by both stars against former employer ARN, owner of KIIS 106.5, over the termination of their combined $200million contracts.

The Kyle and Jackie O Show came to an end on February 20 following a on-air fight when Sandilands slammed Henderson for her ‘fixation’ on astrology, and then mocked her for crying.

Sandilands is claiming he shouldn’t have been sacked, while Henderson is claiming ARN failed to protect her from Sandilands’ alleged bullying and breached the Fair Work Act.

Confronted with a media pack outside court, Sandilands hopped out of a black Rolls-Royce and made it clear the radio stars are currently not communicating, saying: ‘I haven’t spoken to Jackie.’

Sandilands also made a series of veiled comments about his ARN bosses and former co-host Henderson, talking about ‘truth’ and ‘media dynamics’, and demanded for ARN to ‘put me back on radio’.

However, a lawyer representing ARN told the court ‘trust and confidence has utterly broken down between the parties … it’s a hopeless situation’.

+5
View gallery

Kyle Sandilands has revealed he has not spoken to former co-host Jackie ‘O’ Henderson and demanded he be put back on the radio ahead of their joint court mention

+5
View gallery

Pictured: Kyle Sandilands and Jackie ‘O’ Henderson at the KIIS 106.5 studio

‘The idea that they might get a [court] order for the parties to get together and cooperate for the next nine years is hopeless,’ he said.

Henderson and Sandilands had nine years left on their contracts by the time they were terminated.

Sandilands’ lawyer Scott Robertson SC told the court there was no dispute over what his client said to Henderson because the the KIIS 106.5 studio was like ‘Big Brother’ – everything was recorded, whether or not it went to air.

Mr Robertson also referred to ARN’s defence as ‘the kitchen sink defence’.

Referring to Sandilands’ conduct during broadcasts, Mr Robertson said: ‘If you buy Kyle, you get Kyle.’

‘The conduct Mr Sandilands engaged in was contractually desired – that was a word used in the contract – and it was monetised,’ he said.

He opposed the idea that Sandilands’ case could be heard simultaneously with Henderson’s own case against the radio giant, saying Henderson’s case may take longer to prepare, which would create an ‘unnecessary’ delay.

Any delay could potentially result in further costs for Sandilands, he said.

+5
View gallery

Kyle Sandilands is pictured outside court on Friday

+5
View gallery

Jackie ‘O’ Henderson is suing her former bosses at ARN over the termination of her $100million contract

Henderson did not appear in court, but her lawyer said there was no dispute from ARN that Sandilands allegedly bullied her client.

Her main claim, the lawyer said, was whether ARN was responsible for Henderson’s wellbeing at work.

She opposed the idea that both matters could be heard at the same time because, while Henderson is suing ARN rather than Sandilands, her claim includes allegations that Sandilands ’caused her significant psychological harm’.

Joining the matters would place Henderson at the centre of a much larger case that go beyond the scope of her Fair Work claim, her lawyer said.

Henderson’s matter will include evidence about her mental health, and the impact the situation has had on her wellbeing.

ARN lawyers argued the matters should be heard together because there was a large amount of overlapping evidence.

‘It was all recorded, we don’t expect there will be a dispute about what has occurred – Ms Henderson said these incidents amounted to workplace bullying … and we agree that is a correct characterisation of that conduct,’ he said.

‘We don’t expect Mr Sandilands to agree this amounted to serious misconduct, but the court is going to look at that conduct, characterise it, reaching conclusions about both and find facts about that conduct.’

+5
View gallery

Kyle Sandilands and Jackie ‘O’ Henderson are pictured at the KIIS 106.5 studio in Sydney

He said those conclusions may end up being very different if the cases were heard separately.

Justice Stewart tentatively set hearing dates for October 12, but did not make a decision over whether the matters should merge.

Outside court, Sandilands said: ‘I can talk to anyone – it’s the media business.

‘One day you hate someone, the next day you’re best friends … There’s strategy and then there’s truth, and once we get inside, you’ll get all the answers out and the truth will raise its head.’

He also said the dispute had become ‘pretty ugly’.

He said his message to ARN was to put him back on the radio.

Sandilands claims the radio giant wanted him to have a ‘dominant and abrasive personality’ while presenting the Kyle and Jackie O Show, and that his sacking was therefore invalid.

ARN has filed a counter claim in both matters, claiming the relationship breakdown threatens to undermine its profitability, and is seeking damages for breach of contract, losses in profit and advertising revenue, and legal costs.

Defence documents lodged by ARN in Henderson’s matter say Sandilands often made ‘offensive and degrading’ comments to her, but the broadcaster had ‘no ability or powers’ to stop him.

Henderson and Sandilands signed their contracts using their respective businesses, Henderson Media and Quasar. ARN claims those businesses were responsible for the welfare and conduct of the co‑hosts, rather than the broadcaster.

The radio giant’s defence also referred to a complaint from Henderson’s lawyers about Sandilands in the days following the February argument, stating she would not return to work until she was given an alternative radio show.

To ARN, that meant Henderson did not intend to return to work if there was no alternative show. ARN said it did not propose an alternative show because there was no obligation to do so.

ARN’s defence documents claim Sandilands breached the code of conduct in his agreement and listed about eight of his foul-mouthed rants – largely against ARN staff.

There was one instance in July where Sandilands berated a censor for dumping a portion of his show, which was done to avoid potentially getting dragged before a court and charged with contempt.

When his manager Bruno Bouchet said during the live broadcast that he didn’t want anyone going to jail, Sandilands replied, ‘I don’t give a s**t, before claiming he’d rather be sexually abused in jail than be muzzled by the law.

In another rant on April 30, Sandilands made a series of disparaging comments about Melbourne listeners, and ARN’s attempt to improve dismal ratings in the city.

Other rants included further attacks on the government and contempt laws, while continually firing off blistering attacks on his colleagues, calling them ‘p*ssies’ and ‘flops’, and threatening to leave ARN.