The real issue here is the apparently common practice ATC has of refusing a clearances to VFR aircraft which want to transit CTA and have not pre-filed a plan.
I rarely fly VFR but operate through MEL CTA all the time and "clearance not available, remain outside controlled airspace" is one of the most frequently heard transmissions to VFR aircraft.
If nothing else perhaps DS' lawsuit will encourage AsA to think about the safety implications of (in Melbourne) requiring VFR to funnel through the Kilmore Gap and hug the eastern ranges to Sugarloaf at 1000-1500 AGL rather than transiting the open terrain down towards Moorabbin.