Geelong Lawyers' Collection: Michael Xavier Henderson

Michael Xavier Henderson 1936-1995 by V. Hill

St Mary of the Angels’ church in Yarra Street Geelong was filled to overflowing at the Requiem Mass for the repose of the soul of Michael Henderson on 6th November 1995. On the 12th June 2002 the same church was filled again for the State funeral for his wife Ann. Both died from cancer. The many tributes in public notices in the Geelong Advertiser newspaper and the large attendances at their funerals show the important contributions each made to the citizens of Geelong. Ann had helped in many community causes including National Trust of Victoria and the Do Care organization, served as the Member for Geelong in the Victoria Legislative Assembly from1992 to 1999 and was Minister for Housing and Aboriginal Affairs 1995-1999. Each supported the other in their public duties.

Michael Henderson was born at Quirindi New South Wales. His parents were business people. They came to Geelong where they conducted drapery businesses. Ernest and Mary Henderson made sure each member of the family received good education. In Michael’s case he studied law at Melbourne University. Two of his brothers studied Medicine and had their practices in Geelong.

His sister Moya is an established composer.

Michael shared her love of music. He was a member of St Mary’s choir and performed, sometimes as principal and sometimes in the chorus of local musical productions, enjoying every moment.

As a young man Michael toured Europe on a motorcycle taking in the famous Oberammergau Passion Play in Bavaria, an ancient commemorative town performance held every 10 years.

He worked as a lawyer with the firm of Freeman and Fallaw in Yarra Street Geelong. After the death of Neil Freeman in 1961 Harry Fallaw admitted Michael as a partner. They traded as Fallaw and Henderson. The firm had its premises in Little Malop Street east of Gheringhap Street and later in Ryrie Street west of Fenwick Street. The partnership continued until Harry Fallaw’s 70th Birthday 30/11/1976. Thereafter Michael practised as a sole practitioner. He would have been prepared to take in an employee solicitor as a partner but that man decided to leave Victoria.

Being a sole practitioner has its advantages but one big disadvantage is the difficulty of taking a holiday. As in all professions, when running a legal practice there are often administrative and professional pressures. If he had had time to take a substantial break Michael probably would not have sold his practice. In the 1980s he sold his practice to two young lawyers and commenced work as a corporation lawyer for the Cheetham Salt Company.
Unfortunately one of the solicitors who took over the practice was dishonest. Michael Henderson resigned from his position as corporate lawyer and resumed sole practice in his old office. His previous employer continued to engage him as the company’s legal representative. In July 1993 Anton Frank Pusztai pleaded guilty to misappropriation of about $500,000 from clients’ trust fund and was sentenced to imprisonment. The Solicitors’ Guarantee Fund reimbursed the money stolen but some of Michael Henderson’s old clients were distressed by the events.

M.X. Henderson was a Councillor of the City of Newtown from 1971 to 1977 and Mayor of the City 1975-76. He contributed more municipal service later as a Councillor of the City of Geelong. In 1980 he was elected President of the Geelong Law Society and was a member of the Council of the Law Institute of Victoria.
In manner Michael had a “Hail fellow well met” style cheerfully greeting those he passed on Geelong streets. He was good company at gatherings of neighbouring lawyers and staff, regarded as a man of integrity, a staunch advocate but always a compassionate man.

With all his many activities as a lawyer, a councillor, a member of the Geelong Businessmen’s Club, and the Liberal Party and enjoying the physical sports of yachting and duck shooting, the most significant interest to him was probably his music.

On the day Michael was told that he was suffering from cancer I was looking after the legal affairs of his father and rang his home to discuss some matter. It was a short time after he had the news. Ann told him to go to his usual choir practice at St Mary’s and that is where he was. In his last months he moved his piano and guitar to his office.

In 1956 Michael’s parents had built for family use a double storied holiday house close to the beach between Point Lonsdale and Queenscliff. They named it “Olympia”. From its balcony you looked across the water directly to the entrance of Port Phillip Bay. Michael Henderson was buried at Point Lonsdale Cemetery not far from this beautiful site.

Vivian Hill

November 2002.

References
Personal recollections
Interview with H. Fallaw 1994
Geelong Advertiser.
Model Borough. G. Seaton. City of Newtown 1983

Text copyright held by Vivian Hill
This text is provided for research purposes only.
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