The High Court yesterday granted the Queensland Director of Public Prosecutions special leave to appeal against the decision.
The nation’s highest court will examine the challenge at a hearing on a date to be fixed, expected to be within three months.
A High Court spokesman said it was likely the matter would be listed by Tuesday for a hearing.
Mrs Baden-Clay’s cousin Jodie Dann was in the High Court in Canberra and wept after the decision was announced.
Mrs Baden-Clay’s parents Priscilla and Geoffrey Dickie were not present but released a short statement to the media.
“The family will not be commenting on the matters before the High Court today,” they said.
“We appreciate your continued respect for our privacy.”
Mrs Baden-Clay’s body was found on the bank of a creek in Brisbane’s west 10 days after her husband, a real estate agent, reported the mother of three missing from their Brookfield home.
His Supreme Court trial was told how she had found out her husband was having an affair, and he had also been under heavy financial pressure before her death.