Dick
climbing into E in VMC would not be a problem in Canada and the USA
We are not in the USA or Canada, FFS, thus dont try and convince pilots to do something in Australia which isnt within the Australian rules.
I'm struggling to find in the US/FAA AIP where it states IFR can climb into E without a clearance whilst VMC.
I have found this of interest:
'This does not preclude the pilot from cancelling the IFR
clearance with ATC and departing under VFR; but an
IFR clearance may not be available after departure'
Under the FAA code of federal regs:
No person may operate an aircraft in controlled airspace under IFR unless that person has—
(a) Filed an IFR flight plan; and
(b) Received an appropriate ATC clearance.