One of Australia’s biggest radio broadcasters, ARN, has secured a partial early win in its prolonged, multi-million dollar legal battle with former star presenter Jacqueline “Jackie O” Henderson, after a federal judge ruled the network could rely on sworn testimony from Henderson’s long-time on-air partner Kyle Sandilands in its defense.
The legal conflict traces back to a dramatic on-air confrontation between Henderson and Sandilands, co-hosts of the top-rating *Kyle & Jackie O Show* on ARN’s KIIS FM, that unfolded in February this year. During a heated on-air exchange centered on Henderson’s public interest in astrology, Sandilands launched a blunt personal attack, telling his co-host she was “off with the fairies”, “unfocused”, and did not “give a shit” about the program. Within weeks of the public fallout, both hosts were cut from the network, and their existing long-term contracts were terminated early.
Within months of their dismissal, both Sandilands and Henderson launched separate Federal Court lawsuits against ARN and its subsidiary, the Commonwealth Broadcasting Corporation (CBC). Sandilands’ case reached a confidential settlement in mid-June, with the network agreeing to a payout package valued at $12.09 million to be distributed over three years. On the same day the settlement was finalized, Sandilands and his long-time manager Bruno Bouchet submitted formal sworn affidavits to the court connected to the ongoing proceedings.
ARN and CBC moved quickly to seek permission to use these pre-trial affidavits from Sandilands and Bouchet as evidence in their defense against Henderson’s claim, which is scheduled to go to a full trial before the Federal Court later this year. Henderson’s legal team immediately challenged this move, arguing the affidavits were submitted as part of Sandilands’ separate settlement process and could not be repurposed for the network’s case against their client.
On Monday, Federal Court Justice Angus Stewart ruled against Henderson’s challenge, siding entirely with the broadcaster in the preliminary dispute. In his official court declaration, Justice Stewart confirmed that neither Sandilands’ June 16 affidavit nor Bouchet’s matching sworn statement were bound by any restriction that would prevent ARN from using them in its defense against Henderson’s claims.
Henderson has continued to press forward with her claim against the network, alleging that her early termination constituted unlawful dismissal and unlawful adverse action under Australian workplace law. After she told ARN management she could no longer continue working alongside Sandilands following their public on-air clash, the network chose to scrap her 10-year, $100 million original contract, prompting her lawsuit. Henderson is seeking a minimum of $82 million in compensation for wrongful termination.
In its formal defense filing, ARN has pushed back against all of Henderson’s core claims. The network argues that the bullying complaint Henderson raised against Sandilands did not comply with formal requirements under Australian workplace legislation. ARN has also told the court that Henderson could have pursued a formal bullying grievance while remaining assigned to the breakfast show during the investigation process, but she chose not to do so because her ultimate goal was to secure a different on-air time slot at the network.