Michael Byrnes

A contract...

which talked about Kyle having a robust character and presenting an entertaining show of a particular style, which is specifically acknowledged in the contract.

So what might ordinarily in the workplace constitute serious misconduct or constitute conduct

which would rightly be reprimanded.

You know, if I conducted myself in this office today, I would certainly be reprimanded for some of the things that Kyle has said on air.

And that's understood, I think, by Kyle's camp.

What they're saying is you need to look at what he has said and done in the context of this particular contract and what ARN acknowledged Kyle brings to the table and that Kyle does

by virtue of the terms of this contract, can't be disciplined or terminated, have that contract terminated because he engaged in that conduct which was contemplated by the terms of this contract.

There's also talk of an indemnity that he had in the contract related to things that were said and ultimately broadcast on air.

So what the barrister says, you need to look at all of this through the prism of the contract.

The fact that it's not...

necessarily in laudable conduct or laudable behaviour or even respectful or the way in which ordinary employees might conduct themselves in the workplace, doesn't matter.

You need to look at it through the prism of this commercial contract, specially negotiated, specially put together for Kyle.

And with Jackie O, the main argument there, the main issue in dispute is whether Jackie

repudiated her contract.

And the argument from ARN there is that Jackie said she could no longer work with Kyle and that their relationship working together had become untenable.

And in those circumstances, ARN had a right to, that Jackie, in saying that,

had repudiated the contract and they therefore had a right to terminate the contract.

Whereas Jackie's position is, yes, I said those things, but the contract contemplates me doing other shows, other programs.

And Jackie, in her 26 February letter to ARN, required ARN or purported to require ARN to allocate to her a different show to do.