The Australian Competition and Consumer Commission will be making an application to the Federal Court in Melbourne for orders against Apple for 'misleading' claims about the new iPad's ability to connect to the fast fourth generation (4G) mobile network. The ACCC alleges that Apple's recent promotion of the new "iPad with WiFi + 4G" is misleading because it represents to Australian consumers that the product "iPad with WiFi + 4G" can, with a SIM card, connect to a 4G mobile data network in Australia, when this is not the case.

The ACCC is seeking "urgent interlocutory relief to ensure consumers are made aware of the correct technical capabilities of this device."

Additionally the ACCC is seeking final orders including injunctions, pecuniary penalties, corrective advertising and refunds to consumers affected.

"Consumers who have purchased or are considering purchasing an "iPad with WiFi + 4G" should ensure that they have a proper understanding of the mobile data networks which this iPad can directly access by a SIM card," ACCC said in a statement.