Legal expert weighs in on possible return to air for Kyle Sandilands should he win his legal battle

A legal expert has officially weighed in on the possibility of shock jock Kyle Sandilands returning to the airwaves on KIIS FM.

Following the abrupt termination of Sandilands' 10-year, $100 Million contract, the question on everyone's lips remains – could he one day be back on-air?

Speaking on industry insider Craig Bruce's Game Changers Radio podcast, legal commentator Michael Burns has discussed all possible outcomes should Sandilands win his upcoming case against ARN.

Watch the video above.

When weighing up the likelihood of each potential verdict, Burns revealed the ousted radio host was seeking "an order for specific performance."

According to the employment lawyer, this may involve "payment of whatever amounts are due and payable under the contract at the time of judgement and damages,'" adding up to the total contracted amount of $100 million.

As for whether Kyle might seek to return to the air, Burns admitted he couldn't be certain without first seeing the court pleadings – formal, written documents filed by parties to outline the issues in dispute – from Kyle's camp.

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However, he revealed that he'd be "surprised" if Sandilands would choose to pursue this route.

"[He] might, but I would be surprised because generally speaking, an order for specific performance of personal services... will not be given."

Specific performance of personal services involves all parties involved being ordered by the court to work against their will – which in this case, would involve Kyle asking the court to force ARN to allow him to resume his role as host.

Because such orders require continuous supervision and violate personal liberty, courts typically opt to award monetary damages instead.

"I don't really think there is a possibility of a court making an order putting him back on air," Burns confirmed.

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"It's one thing I'm going to look at when I [get access to] the pleadings, but... I just don't see it."

"I'd be surprised if that's what they're seeking," Burns added.

But on the off-chance Sandilands did pursue this resolution – and obtain it – Burns was quick to clarify that it wouldn't necessarily mean a restoration of the Kyle and Jackie O show's previous format.

As the hosts were both on individual contracts, there'd therefore be no guarantee that Jackie O would resume her role.

He went on to speculate that Sandilands would be "more likely" to pursue payments as remediation should he win his case, as opposed to a return to air.

This speculation comes off the back of Sandilands' announcement last Friday that his contract with ARN had been terminated over an alleged breach.

The breach in question stems back to the February 20 on-air argument with his long-time co-host Jackie O, whose real name is Jackie Henderson.

At the time, he said he would be calling in the lawyers to fight the termination, which he deemed "invalid".

"I've got a contract until 2034. I've got rights under that contract. And ARN hasn't honoured the contract," he said in a statement provided to nine.com.au.

"So, it's over to my lawyers."

Sandilands wasted no time acting on his threat, with a statement of claim filed in the federal court that same day.

It is not yet known when Sandilands is set to appear in court.

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