The consumer guarantees are specific rights that you cannot sign away; that is, there's no such thing as no warranty. Whether you agree to it when you turn your

The consumer guarantees are specific rights that you cannot sign away; that is, there's no such thing as no warranty. Whether you agree to it when you turn your phone on is irrelevant. As for misuse, that applies only if it caused the problem. The ACCC's case is that Apple refuses to do any repairs, even when they would be guaranteed (such as a manufacturing fault in the speaker), when the phone has been repaired in any way (such as the screen being replaced). If Apple can prove that these third party repairs do affect their ability to comply with the law, then they may win. I doubt that's the case personally.