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Michael Byrnes

👤 Speaker
145 total appearances

Appearances Over Time

Podcast Appearances

The Briefing
Kyle’s explosive outburst outside court + Mass new IT layoffs

She didn't repudiate her contract.

The Briefing
Kyle’s explosive outburst outside court + Mass new IT layoffs

She was simply looking for an alternative show as contemplated by her contract.

The Briefing
Kyle’s explosive outburst outside court + Mass new IT layoffs

She also alleges that ARN have engaged in breaches of the Fair Work Act.

The Briefing
Kyle’s explosive outburst outside court + Mass new IT layoffs

and also breaches of Australian consumer law arising from misrepresentations in a statement to the market.

The Briefing
Kyle’s explosive outburst outside court + Mass new IT layoffs

So there's a lot involved there, Tash, but that's the story so far.

The Briefing
Kyle’s explosive outburst outside court + Mass new IT layoffs

ARN this week filed their defences to both claims ahead of the case management hearing in both matters today.

The Briefing
Kyle’s explosive outburst outside court + Mass new IT layoffs

They are separate matters, but the court has combined them at this stage and it does look like they're going to be heard together.

The Briefing
Kyle’s explosive outburst outside court + Mass new IT layoffs

Yes, so let me deal with the counterclaim first.

The Briefing
Kyle’s explosive outburst outside court + Mass new IT layoffs

They are suing both Jackie O, or Jackie Henderson, and Kyle.

The Briefing
Kyle’s explosive outburst outside court + Mass new IT layoffs

And so what ARN is saying is that both of them are in breach of the services agreements.

The Briefing
Kyle’s explosive outburst outside court + Mass new IT layoffs

And if you breach a contract, as you know, you're liable for damages.

The Briefing
Kyle’s explosive outburst outside court + Mass new IT layoffs

And so ARN is saying, Kyle and Jackie O owe us the profits, the revenues, the amounts we would have earned over the life of the contract, which the remaining period or duration of the contract is about eight and a half years, eight and three quarter years, something like that.

The Briefing
Kyle’s explosive outburst outside court + Mass new IT layoffs

So they owe us for the profits we would have made, the revenue we would have made,

The Briefing
Kyle’s explosive outburst outside court + Mass new IT layoffs

over that period.

The Briefing
Kyle’s explosive outburst outside court + Mass new IT layoffs

So that's the cross-claim.

The Briefing
Kyle’s explosive outburst outside court + Mass new IT layoffs

In terms of the defence, for Kyle's matter, and there's been a lot of talk about this, they're saying that Kyle engaged in a course of misconduct.

The Briefing
Kyle’s explosive outburst outside court + Mass new IT layoffs

And that was primarily in the way that he was treating Jackie.

The Briefing
Kyle’s explosive outburst outside court + Mass new IT layoffs

Firstly, on February 20, that particular exchange, and then previous exchanges about which Jackie had complained in August and September.

The Briefing
Kyle’s explosive outburst outside court + Mass new IT layoffs

They also say in their defence that Kyle should not be reinstated.

The Briefing
Kyle’s explosive outburst outside court + Mass new IT layoffs

That should not be a remedy on the table for Kyle because of conduct engaged in by Kyle in relation to management.