Peter Best

Bar Roll: 1983 Admitted: 1983
print vcard

Peter is a specialist in all aspects of property law.  Peter has appeared in all courts, the Victorian Civil and Administrative Tribunal, arbitrations and given advice in respect to: commercial leases (in all jurisdictions in Australia); retail leases (including jurisdictional issues); claims for possession and relief from forfeiture of a lease; the lessor’s and lessee’s repair and “make good” obligations; rent reviews and rental valuations; exercise of an option to renew the lease; mortgages and mortgagees’ claims for possession and sale; sale of land (including off the plan, sunset clauses, notices of rescission and section 32 statements); removal of caveats; easements; restrictive covenants; adverse possession and guarantees.

Peter has advised in respect to the law of property (particularly leases and sale of land) in all states and territories in Australia.

In addition Peter has significant experience in drafting or settling leases and contracts for sale of land off the plan.

 

 

*Liability limited by a scheme approved under Professional Standards legislation

Banking & FinanceCommercialEquity & TrustsLeasesMediationPropertySecurities
  • Peter Best – has been published in the Law Institute Journal, the Australian Property Law Journal and has written commentaries for the CCH, Victorian Conveyancing Service in respect to landlord/tenant, mortgages, strata and cluster titles and remedies available to parties in a dispute concerning land. He has also written commentaries for Butterworths Victorian Pleadings and Precedents in respect to easements, restrictive covenants and sale and recovery of land.

  • Peter Best – Peter spends all of his spare time in completing a seminal work entitled Termination of Commercial Leases (to be published by Thomson Reuters), which is well advanced. The text considers all aspects of the law of leases in each State and Territory in Australia and in New Zealand, Ireland and the United Kingdom. The book includes a consideration for each jurisdiction of the law and practice with respect to the creation of leases, common law leases, Statute of Frauds, deeds, notices of default (section 146 Property Law Act 1958), rent, assignments of leases, methods of service of a notice (including by electronic means and by agents), forfeiture by grantees or assignees of the reversion, the procedure for forfeiture or rescission of a lease, re-entry, lessor’s remedies after a forfeiture (including the claim for possession, rental and outgoings arrears, mesne profits and damages, fixtures, enforcement of repairs, dilapidations and “make good” obligations, specific performance), termination of a lease for insolvency, appointment of administrators and liquidators to the leasehold land, the Statute of Limitations, the lessee’s defences and remedies (including waiver, estoppel, election, set-off, relief from forfeiture, relief from rescission), determination of periodic tenancies, determination by surrender, determination by effluxion of time and involuntary determination by operation of law or statute).

QUALIFICATIONS:

BA (Hons), LLB

MEMBERSHIP & ASSOCIATIONS:

Peter is convenor of the Victorian Bar Property Law Association and an accredited mediator.

Peter Best

Bar Roll: 1983 Admitted: 1983
print vcard

Profile

Peter is a specialist in all aspects of property law.  Peter has appeared in all courts, the Victorian Civil and Administrative Tribunal, arbitrations and given advice in respect to: commercial leases (in all jurisdictions in Australia); retail leases (including jurisdictional issues); claims for possession and relief from forfeiture of a lease; the lessor’s and lessee’s repair and “make good” obligations; rent reviews and rental valuations; exercise of an option to renew the lease; mortgages and mortgagees’ claims for possession and sale; sale of land (including off the plan, sunset clauses, notices of rescission and section 32 statements); removal of caveats; easements; restrictive covenants; adverse possession and guarantees.

Peter has advised in respect to the law of property (particularly leases and sale of land) in all states and territories in Australia.

In addition Peter has significant experience in drafting or settling leases and contracts for sale of land off the plan.

 

 

*Liability limited by a scheme approved under Professional Standards legislation

Areas of Practice

Banking & FinanceCommercialEquity & TrustsLeasesMediationPropertySecurities

Publication

  • Peter Best – has been published in the Law Institute Journal, the Australian Property Law Journal and has written commentaries for the CCH, Victorian Conveyancing Service in respect to landlord/tenant, mortgages, strata and cluster titles and remedies available to parties in a dispute concerning land. He has also written commentaries for Butterworths Victorian Pleadings and Precedents in respect to easements, restrictive covenants and sale and recovery of land.

  • Peter Best – Peter spends all of his spare time in completing a seminal work entitled Termination of Commercial Leases (to be published by Thomson Reuters), which is well advanced. The text considers all aspects of the law of leases in each State and Territory in Australia and in New Zealand, Ireland and the United Kingdom. The book includes a consideration for each jurisdiction of the law and practice with respect to the creation of leases, common law leases, Statute of Frauds, deeds, notices of default (section 146 Property Law Act 1958), rent, assignments of leases, methods of service of a notice (including by electronic means and by agents), forfeiture by grantees or assignees of the reversion, the procedure for forfeiture or rescission of a lease, re-entry, lessor’s remedies after a forfeiture (including the claim for possession, rental and outgoings arrears, mesne profits and damages, fixtures, enforcement of repairs, dilapidations and “make good” obligations, specific performance), termination of a lease for insolvency, appointment of administrators and liquidators to the leasehold land, the Statute of Limitations, the lessee’s defences and remedies (including waiver, estoppel, election, set-off, relief from forfeiture, relief from rescission), determination of periodic tenancies, determination by surrender, determination by effluxion of time and involuntary determination by operation of law or statute).

Qualifications & Memberships

QUALIFICATIONS::

BA (Hons), LLB

MEMBERSHIP & ASSOCIATIONS:

Peter is convenor of the Victorian Bar Property Law Association and an accredited mediator.