Biography

    Janet is head of Gilbert + Tobin’s Disputes + Investigations practice in Melbourne.

    Janet is one of the pre-eminent commercial litigators in Australia with extensive experience in the competition, corporate and regulatory areas of law. She has a reputation for excellence amongst clients and peers. Janet is highly regarded for providing strategic advice, detailed analysis and obtaining commercial solutions.

    Janet has a proven ability to work with premiers, government ministers, boards, senior bureaucrats and senior executives. She has been involved in the corporate arena as a director throughout her professional career. As a result, she has an extensive appreciation of the issues that face business leaders, not only from a legal perspective but also having regard to the commercial, political and public imperatives that need to be considered when directing organisations. Janet also has extensive governance and probity experience through not only providing advice professionally but also wide spread experience in risk, finance and audit sub-committees of various organisations over 15 years.

    Janet is consistently recognised as a leading dispute resolution lawyer in the Australian Financial Review, Chambers Global, Chambers Asia-Pacific and Best Lawyers.

    Janet is the current President of the Council of Trustees of the National Gallery of Victoria, the first woman to hold the position in the Gallery’s 161 year history.  In 2015, Janet was made a Member of the Order of Australia for her significant service to the community through the arts, health and major events sectors and as a legal professional and was inducted onto the 2015 Victorian Honour Roll of Women by the Premier of Victoria.

    Janet was named one of Australia’s 10 Most Influential Women in the Westpac and Australian Financial Review 100 Women of Influence Awards 2015 and won the category for Culture. 

    Janet was previously named one of Australia’s 100 Most Influential Women in the Westpac Banking Corporation and Australian Financial Review ‘100 Women of Influence Awards 2012 in the category of Boards and Management.

    Janet’s experience includes:

    • Advising Cargill Australia Limited and Cargill Inc in Supreme Court proceedings in a large claim for damages concerning allegations of false and misleading statements by Glencore and Viterra Limited during the sale of the JMW malting business. The hearing before Elliot J ran for more than 115 sitting days and involved various interlocutory stoushes involving questions around contempt, privilege and confidentiality regimes. The matter was referred to the Full Court three times during the running of the trial. A record judgment in Victoria was awarded in favour of Cargill in the sum of $293,129,320.30.
    • Acting for Bega Cheese Limited in Supreme Court proceedings brought by Fonterra Brands Australia Pty Ltd regarding use of the Bega trademark.  The matter was successfully defended with Justice McDonald dismissing Fonterra’s case in its entirety.
    • Acting for the Victorian Department of Treasury and Finance in relation to the Board of Inquiry into the COVID-19 Hotel Quarantine Program.
    • Acting for the State of Victoria in relation to the Royal Commission into the Management of Police Informants.
    • Lead Counsel acting for Asahi in Federal Court proceedings against private equity firms Unitas Capital Pte Ltd and others in relation to the $1.5 billion acquisition of the Independent Liquor Group. The matter was settled, resulting in NZ$220 million being paid to Asahi.

    Janet is recognised in the Hall of Fame in Dispute Resolution: Litigation.

    THE LEGAL 500 ASIA-PACIFIC 2024

    Janet is ranked Band 4 in Dispute Resolution.

    THE LEGAL 500 ASIA-PACIFIC 2024

    Janet is recognised as a Best Lawyer in Alternative Dispute Resolution, Government Practice, Litigation and Public Law.

    Best Lawyers 2009 – 2022

    Janet is ranked for her skills in the Dispute Resolution.

    Chambers Asia-Pacific 2019 - 2021

    Janet is ranked for her skills in the Dispute Resolution.

    Chambers Global 2019 - 2021

    Janet is ranked as a Leading Individual in Dispute Resolution: Litigation.

    The Legal 500 Asia-Pacific 2021

    Janet Whiting is a "very prominent" commercial litigator in the Melbourne disputes space, advising extensively on high-stakes litigation, regulatory issues and matters of major reputational significance to the clients concerned. An interviewee notes that, in addition to being "very practical and strategic," she "excels in her customer service, can explain things in layman's terms and is very good at hand-holding and guiding through."

    Chambers Asia-Pacific, Dispute Resolution 2021

    Member of the Order of Australia (AM) – Queen’s Birthday Honours List 2015 for significant service to the community through contributions to the arts, health and major events sector, and as a legal professional.

    Queen’s Birthday Honours List 2015

    Inducted onto the Victorian Honour Roll of Women 2015.

    Janet was named one of Australia’s 100 Most Influential Women and won the category for Culture.

    Westpac and Australian Financial Review 100 Women of Influence Awards 2015

    Janet was named one of Australia’s 100 Most Influential Women and won the category for Boards and Management.

    Westpac Banking Corporation and Australian Financial Review ‘100 Women of Influence Awards’ in 2012