253A. Presumptions in relation to performance
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Where the name of a person appears on copies of a recording of a performance, as made available to the public, in such a way as to imply that the person is the performer of the performance, and that name is his true name or a name by which he is commonly known, the person shall, in an action brought by virtue of this Part, be presumed, unless the contrary is established, to be the performer of the performance embodied in the recording.
action
“action” means a proceeding of a civil nature between parties, and includes a counterclaim.(2) In the application of this Part in relation to a counterclaim, references to the plaintiff and to the defendant shall be read as references to the defendant and to the plaintiff, respectively.[Aust. 1968, s. 114] In this Part,
Where the name of a group of performers appears on copies of a recording of a performance, as made available to the public, in such a way as to imply that the group performed in the performance embodied in the recording, and that name is the true name of the group or a name by which the group is commonly known, the group shall, in an action brought by virtue of this Part, be presumed, unless the contrary is established, to have performed in the performance embodied in the recording.