Orbital Engines Pty Ltd is a large proprietary company that builds engines for cars. It has 4 directors, including the managing director (Roberto). Roberto is not named as managing director on ASIC records. Despite this, the Orbital Engines website and his business card have the title "Managing Director" below Roberto's name.

Roberto engages Rochelle (an advertising consultant) to make a 2-minute TV advertisement to promote the latest engine that Orbital has developed. Rochelle agrees to do the work for a fee of $50,000 and a written contract is signed by Rochelle and Roberto. After Rochelle finishes the advertisement she sends the invoice to Orbital but it refuses to pay. Orbital argues that it never authorised the ad and furthermore, the constitution of Orbital provides that any contract in excess of $40,000 requires the approval of a majority of the Board of directors. Rochelle was not aware of this.

Advise Rochelle as to whether there is a binding contract and why (hint: consider the three main ways in which Rochelle can establish this)