David Bain’s lawyers will appear before the Privy Council in London on December 8 to ask for an acquittal.
Bain’s lawyers applied to the Privy Council with a request that he be acquitted of the murder of his family in Dunedin in 1994.
They have asked for a recall of the council’s decision last year which found that a substantial miscarriage of justice had occurred and a new trial should be held.
They claim new evidence is now available that was not at the last hearing.
Bain was released on bail in May last year after serving 13 years in prison for the murders.
A retrial was set down for February.