A council order under s 124 of the Local Government Act 1993 (NSW) benefits from the presumption of regularity, placing the onus on the person challenging the order to establish the absence of the jurisdictional fact. Item 21 of s 124 is not to be read down by reference to item 1 and can authorise orders requiring demolition of buildings where premises are not in a safe or healthy condition. A property owner's lay opinion as to whether asbestos is friable is inadmissible under s 79 of the Evidence Act 1995 where it does not demonstrate specialised knowledge based on training or experience.
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