Higgins studied at the University of Melbourne after emigrating from Ireland and worked as a teacher before entering the legal profession. Prominent in public affairs, Higgins was a member of the Victorian parliament and was a delegate at the Australasian Federal Convention (1897-1899). His opposition to the Australian colonies' involvement in the Boer War led to the loss of his seat of Geelong at the 1900 election. He stood for, and won, the seat of North Melbourne at the first federal election, pledging to support the Labor platform (although he was not a member of the Labor Party). In 1906, Higgins was appointed a justice of the High Court and served on the bench until his death in 1929.
Higgins was a strong supporter of literature, particularly poetry. In 1885 he lectured the Melbourne University Union on 'The Muses in Australia' and he is recognised as one of the chief instigators of the Commonwealth Literary Fund. In 1904 Higgins endowed a £1 000 poetry scholarship in Melbourne. He was the uncle of Nettie Palmer (q.v.).
