You are no doubt aware that Apple wants the Samsung Galaxy Tab 10.1 banned in Europe but thus far has only managed to get it banned in Germany, and also wants the Android slate banned in Australia. However the word is for the judge to rule on whether a ban is required it appears that Apple may have to prove that the Samsung Galaxy Tab 10.1 has negative effect on Apple iPad sales in the US and UK.

According to an article over on Slash Gear by way of Bloomberg, federal court Justice Annabelle Bennett, has told the Sydney Federal Court, “Unless Apple puts on evidence showing the impact in the US or UK, I can’t draw any positive assumptions.”

Basically meaning that if Apple wants the Samsung Galaxy Tab 10.1 banned in Australia, Apple needs to come up with hard evidence that the Android tablet launch would have a “negative effect.”

Apple is currently as you know, seeking an injunction against Samsung to ban the Galaxy Tab 10.1 in Australia, and Samsung wanted Apple iPad sales figures for both the US and UK, so they could show their 10.1-inch slate has had little effect on sales of the Apple iOS tablet.

Justice Annabelle Bennett has said however, that she won’t force Apple to reveal sales figures and also denied the request for them by Samsung.

Apple lawyer Steven Burley says, “The “remarkable similarity of the Samsung product” in terms of “functionality and appearance” makes it obvious that the Galaxy will take sales away from Apple.”

While Samsung lawyer Neil Murray says, “People want an Android product, so they will buy an Android product. This is not impacting the sales of Apple.”

The hearing to decide whether the Galaxy Tab 10.1 will be banned in Australia should take place later in the month, and Samsung has delayed offering the Android 3.1 Honeycomb slate until the 30th of the month.