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Both Jackie O and her former employer have failed to displace the other’s claim of legal professional privilege over 815 documents, including those concerning an investigation into her on-air clash with controversial co-host Kyle Sandilands.
Justice Ian Jackman has refused a bid by Jacqueline Ellen Henderson, known professionally as Jackie O, to access 810 confidential documents held by the Commonwealth Broadcasting Corporation (CBC) and ARN Media.
Likewise, CBC and ARN Media were unable to convince the court to overturn legal professional privilege over a letter sent by Henderson’s solicitor and four sets of text messages between Henderson and her agent in February and March.
Some of the text exchanges occurred the day before Henderson instructed her solicitors to send a complaint letter, which the ARN parties argued involved a waiver of her instructions.
In a submission to the Federal Court, Henderson said the purpose of the letter was to “make clear that Sandilands’ conduct was something that had been an issue in the past, which I wanted the respondents to be aware of”.
“I do not regard that evidence as putting into question the contents of Henderson’s confidential communications with [her agent, Gemma] O’Neill,” Justice Jackman said.
“In any event, having read the documents in question, they do not concern Henderson’s purpose in sending the complaint letter.”
The letter from Henderson’s solicitor was “plainly confidential”.
The 800-plus documents from the ARN Group were split into what chief legal officer and company secretary Jeremy Child described as “buckets”: those concerning the notice to produce; advice from external lawyers; those he wrote himself; some sent within the ARN Group for the purpose of legal advice; and documents prepared for board meetings containing legal advice.
There were also documents pertaining to an investigation into Henderson’s on-air dispute with Sandilands in February.
Justice Jackman found the documents were privileged when they were created, having found the in-house legal team engaged external lawyers and arranged the investigation specifically to gather information to facilitate legal advice.
Henderson also failed to convince the court that privilege was waived.
The hearing has been set down for April 2027.
Citation: Henderson v Commonwealth Broadcasting Corporation Pty Ltd (Legal Professional Privilege) [2026] FCA 1632.
