That time I said that Apple must be smarter than we think to not settle with the ACCC, they must be planning to make a good point? Turns out I was pretty wrong about that: http://www.zdnet.com.au/apple-seeks-to-redefine-3g-as-4g-339336283.htm
There is sort of a minor technical argument to be made that Telstra's current 4G implementation is not fast enough to be 4G. I don't really understand it, but you can read about it on Wikipedia: http://en.wikipedia.org/wiki/4G#3GPP_Long_Term_Evolution_.28LTE.29 .
Apple seem to have gone right off the deep end and are claiming that Telstra's 3G implementation is actually 4G.
There is such a thing as having too much money.
Telstra kinda jumped the gun with LTE as they reallocated 2G spectrum rather than waiting for the analogue television signals to be turned off.
So apple does have a fair technical argument that Telstra's Lte isn't that much different to HSPA+
I guess they're banking that the courts will believe that Telstra's marketing has overselled their Next G network similar to what T-mobile did in America.