Dick's legals may have a hard time arguing that ERSA flight planning requirements doesn't clearly state that overflights within 30NM of SY aren't possible below A100.
That said, if he'd planned via the normal ERC inbound route from the east (MARLN-SY) there shouldn't normally be a problem coming into BK during quiet periods (unless something unusual was happening at SY, such as an LTOP runway juggle.... ohhhh what a can of worms this could open..... in which case VFR get treated with the appropriate priority according to MATS).
And since when did Sydney have 5 runways? Depending on how you count, there's either 3 or 6.
ps. anybody noticed bindook.com going to a stylish melbourne ho house?