Michael Byrnes

So he used a range of derogatory slurs and comments about management,

on air and about others as well.

And it is said that he really can't be, if you reinstated him, how could we manage him?

How could management manage him appropriately and properly?

And so that counts against an order for specific performance or reinstatement.

But their primary defense is he engaged in serious misconduct.

such as to warrant termination of the contract.

Kyle, of course, rejects that proposition.

And as part of Kyle's defence or position in relation to that, there was a nice expression used today, Tash, in court, which was, if you buy Kyle, you get Kyle.

So what they're basically saying is, he's no saint, he's no angel, he's not going to be winning the Nobel Peace Prize anytime soon.

But ARN knew what they were getting and they promoted it and they monetised it and they now can't turn around and say, well, this is serious misconduct when this is really what Kiles Camp says they bought into, ARN bought into.

Senior counsel, very eminent.

It's front and centre in both cases, in my view.

Certainly on Kyle's side, they are making a big point or a big virtue of his particular contract.

Because bear in mind, even though this involves an individual and personal services, they weren't, neither Kyle nor Jackie O were employees of ARN.

And Kyle provided his services through a company called Quasar Media, pursuant to a, seems highly negotiated, very carefully constructed and put together services agreement.

And so what Kyle's barrister was in effect saying was you need to look at his conduct

which some people might be appalled by.

Certainly isn't the sort of conduct a teacher in a school or your mother might condone.

But you need to look at this conduct through the prism of this particular contract.