Simple question: In controlled airspace does a pilot ignore an ATC instruction without a TCAS RA? Simple answer:
NO 
A serious educational void in basic aeronautical principles is surfacing within the Australian aviation industry. Firstly ATC controllers are found deficient in their ability to provide efficient levels of service and handle a reasonable workload. Next, airline pilots suddenly realize they should have been looking out the window all these years (let ya in on a lil' secret, doin 250 clicks in a jet don't make ya speciol). And now, a blatant disregard in TCAS operational procedure.
Australia has become isolationist and lost touch with reality. Mr Smith can not overcome decades of accumulative festering bureacracy and union mediocrity on his own. Bring in the US cavalry!
