Apple is facing legal action from Australia’s competition watchdog for allegedly misleading potential customers with its “iPad with WiFi + 4G” advertising. The offending text is found on Apple’s Australian website and has been picked up on because, although our friends down under do have a 4G network, the new iPad isn’t compatible with its 1800MHz frequency.

An application is set to be filed in the Federal Court tomorrow by the Australian Competition and Consumer Commission (ACCC) who is thought to be seeking “injunctions, pecuniary penalties, corrective advertising and refunds to consumers affected”.

Events in Oz are worth monitoring, as the 4G version of the new iPad is also available here in the UK. Yet, as no such network is currently available, consumers will be restricted to the slower 3G networks.

As O2 and Everything Everywhere conceded earlier this month, even their 4G LTE limited trials don’t have the correct bands to work with 4G versions of the new iPad – the UK’s trials are 800 - 2600MHz, whereas the new iPad works across the US LTE standard of 700 - 2100MHz.

So our suggestion is, by all means buy the new iPad. Just don’t fork out the extra for the 4G version if you're not happy to settle for 3G connectivity.

UPDATE: Apple is to offer everyone in Australia that has an issue with is advertising a full refund. Pocket-lint spoke to the UK's Advertising Standards Authority who told us that it has received a similar complaint. Could we see Apple taking a similar stance over here?

Do you think Apple has a case to answer? Let us know what you think.

New iPad won't work with UK 4G