Kyle Sandilands’ former employer has been granted permission to use evidence filed by the shock jock in his now aborted lawsuit against the radio network in its defence to an ongoing claim brought by one-time co-star Jackie “O” Henderson.

On Friday, Federal Court Justice Angus Stewart ruled that affidavits filed by Sandilands and his manager Bruno Bouchet the same day that the broadcaster reached a $12 million settlement with KIIS FM owner ARN last month were not bound by a rule barring their use in a separate proceeding.

A separate claim brought by Henderson against ARN remains ongoing, despite Sandilands’ settlement. The company hopes to use the Sandilands and Bouchet affidavits, which are understood to include details about the breakdown between KIIS FM’s two biggest stars, in its defence against Henderson’s claim.

Sandilands’ lawyers opposed ARN’s interlocutory application to use the documents, but did not appear at Friday’s hearings. A letter from instructing solicitors Johnson Winter Slattery signalled his team’s opposition to ARN’s application.

But on Friday, Stewart ruled that the affidavits were not subject to an obligation not to be used in other proceedings because Sandilands’ team had not been compelled by the court to produce them. He pointed to the fact that Sandilands had signed a deed of release settling his dispute with ARN on the same day as evidence that both affidavits had been produced voluntarily.

“There is no explanation as to why the affidavits were nevertheless filed,” he said.

Lawyers for Henderson appeared in court but did not oppose ARN’s application.

ARN terminated Sandilands’ contract in mid-March, following the expiry of a two-week deadline it had set for the controversial broadcaster to fix his “serious misconduct” against Henderson, after the pair had an on-air bust-up in February which reduced her to tears.

Sandilands’ settlement with the company last month, which included $12.09 million in cash, paves the way for him to return to the airwaves with a new subscription-based show.

As part of the settlement, ARN will provide his new venture with an additional $1.5 million worth of advertising services on its partner platforms over three years, while receiving 19.9 per cent of any revenue it generates. Sandilands is barred from working with ARN’s direct competitors until March 2027.