Henry Bournes Higgins was born in 1851 at Newtownards, County Down in Ireland and educated at St Stephens Green, Dublin. His family migrated to Australia in early 1870 and he subsequently completed an LLB (1874) and an MA (1876) at the University of Melbourne, while teaching at various schools and tutoring. In this period he also became a close friend of Alfred Deakin. In 1876 Higgins was admitted to the Bar of the Victorian Supreme Court, to practice in equity, and in 1886 to the Bar of the Inner Temple.

Higgins was Member for Geelong in the Victorian Legislative Assembly (1894-1900), Chairman of the Victorian Royal Commission on Legal Procedure (1897-99) and one of 10 Victorian delegates to the Australasian Federal Convention (1897-98). Although he opposed equal state representation in the upper house (Senate) and was one of only two delegates to oppose the Constitution Bill, he contributed particularly to Section 51 outlining Commonwealth conciliation and arbitration powers and to Section 116 giving the right of freedom of religion. Higgins also opposed the sending of a Victorian Contingent to the War in South Africa in 1899, which contributed to his electoral defeat in November 1900.

Elected to the House of Representatives at the first federal election in March 1901, as Member for North Melbourne, Higgins held the seat for the next five years until his appointment as a Justice of the High Court. He was made a King's Counsel (KC) in 1903, and became Attorney General in the first Labor Government under J C Watson the following year. Higgins remained a Deakinite, however, and never joined the mainstream labour movement. He supported the White Australia policy, protection of aborigines, the Commonwealth Literary Fund and Home Rule for Ireland.

During his term in the High Court (1906-29), Higgins was also President of the Federal Court of Conciliation and Arbitration (1907-20) and a Council member of the University of Melbourne (1887-1924). His most significant work related to administrative law and arbitration, including his 'Harvester' judgement (1907) which established the principle of a fair minimum wage. Higgins finally resigned the Presidency in protest against the Hughes Government's policy on arbitration, especially the provision of special tribunals.

Justice Higgins died at his home in Dromana in January 1929.

Publications:
Various lectures, also

Essay and addresses on the Australian Constitution Bill (Melbourne, 1900)
A new province for law and order (Sydney, 1922)

Sources:

Australian Dictionary of Biography, Vol 9, 1891-1939, pp 285-9
Commonwealth Parliamentary Handbook 1901-1920, p 156
Oxford Companion to the High Court, pp 321-2
 

Summary heading

  Hon Justice H B Higgins (CP 180)

Unregistered links

  1884 – 1924:              University of Melbourne – Member of Council

  Sep 1894 – Nov 1900:  Victorian Legislative Assembly – Member for Geelong

  1897 – 1899:              Victoria, Royal Commission on Legal Procedure - Chairman