DPP to appeal Baden-Clay's murder conviction downgrade: Attorney-General

The Director of Public Prosecutions will make an application to the High Court to appeal to reinstate Gerard Baden-Clay's murder conviction, the Queensland Attorney-General has confirmed.

Gerard Baden-Clay, 45, was convicted of murdering wife Allison at their home in Brookfield, in Brisbane’s west, in April 2012.

Earlier in the month, Queensland's Chief Justice Catherine Holmes and two other Court of Appeal judges set aside last year's trial verdict that Baden-Clay murdered his wife Allison nearly four years ago, changing it to manslaughter.

Attorney-General Yvette D'Ath said the state's DPP would file the application for appeal on Monday, January 4.

"I have been advised by the Director of Public Prosecutions has advised the Dickie family this morning he will be making he will be making an application to the High Court seeking special leave to appeal the recent Court of Appeal decision that saw Gerard Baden-Clay's murder conviction downgraded to manslaughter," the statement said.

It confirms previous reports that Director of Public Prosecutions Michael Byrne told the Government before Christmas he was planning to file for special leave.

In Queensland, the charge of manslaughter typically attracts a sentence of eight to 12 years.

Baden-Clay has already served three and a half years since his arrest in 2012 and could be out in four years time depending on his re-sentencing.

January 4 is the eve of the appeal deadline and the day the High Court's registry reopens after the holiday break.

Mr Byrne has been tirelessly working on the appeal over the holiday period, the Courier Mail reports.

Since the decision to downgrade Baden-Clay's conviction to manslaughter on December 8, the state has had 28 days to seek legal advice about whether to lodge a special leave application with the High Court to consider an appeal.

Gerard Baden-Clay's downgraded conviction from murder to manslaughter for the killing of his wife Allison triggered widespread outrage.

Acting Attorney-General Cameron Dick said Mr Byrne needs time consider all available legal advice to ensure any application is as strong as possible.

"This is a complex case involving complex legal issues as well as factual issues," Mr Dick said.

"We need to give him time to properly consider this. I've asked the DPP not to do a rushed job, but the right job."