The Voth 'clearly inappropriate forum' test, not the CSR v Cigna modified test, applies where hypothetical foreign proceedings would not raise distinctively different issues from those in the local forum. Where parties married under a foreign matrimonial property regime (here, Indonesian harta gono-gini), the law of the matrimonial domicile creates an implied contract enforceable against immovable property in NSW, provided the lex situs does not prevent it. Equitable claims based on such a contractual relationship should be determined by the proper law of that relationship, not the lex fori. The applicability of foreign law is a relevant factor in the Voth test but is not determinative, particularly where the disputes are primarily factual.
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