Before Malcolm's company is registered he deals with another company, West African Coffee and Chocolate Ltd ('WACC'). WACC convince Malcolm to enter into a contract for the exclusive supply of coffee, chocolate and tea for the café.
Malcolm agrees telling WACC that he hopes to have a company registered soon by the name of Goodwood Café.
Assume the company Goody Café Pty Ltd ('Goody Café') is registered a month after the contract with WACC is executed. What must Malcolm do to ensure that the contract is binding on Goody Café and WACC and that he is not personally liable for the actions of Goody Café?